| Q1. Can they fire me for this? A1. Maybe, maybe not. This is where having a basic understanding of Canadian employment law will help you figure out this question or at least point you in the right direction. Generally, non-unionized employers can terminate whoever they want at anytime (there are a few jurisdictions where this is not the case). There is a key distinction, though. If you're fired for "just cause" you're generally out on the street without any compensation. If your employer hasn't actually got "just cause" to shitcan you, then you may be entitled to a sum of money or notice of your impending termination. In rare cases in some jurisdictions, you may be able to get your job back if your employer cannot demonstrate just cause. |
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| Q2: How do I know what constitutes "just
cause?" A2: You don't. It's a vague term that you can find sampled in various court cases or decisions of government tribunals. Of course, if you did something nefarious or criminal, just cause is pretty simple to demonstrate. If you were late once and fired for it, you might have a good argument that your former employer has not got just cause. So, you need to speak to your local government department and (sorry to break this to you) an employment lawyer. |
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| Q3. What government department helps the
screwed employee? A3. In my humble opinion, there isn't one. Governments generally enforce very basic standards and don't have the authority to delve to deeply into the minutiae of your job. Yes, there are times and places when governments or their established tribunals do break out the magnifying glass. In any case, you should contact the government ministry related to your concern on the small chance they can help. (See next question.) |
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| Q4. How do I figure out which government
department to contact regarding my concern? A4. There are a few concepts you need to wrap your head around before you pick up the phone. First and foremost, you need to know whether your former place of work is federally or provincially regulated. About 90% of Canadian workers are covered by employment laws that are enacted by the province that their workplace is located in. So if you work in Ontario, contact the Ontario provincial government; in Alberta, you call the Alberta government. Got it? Good. Now some of you--and you may not know it--are actually part of an industry that is federally regulated, in which case you contact the federal government department in charge of labour standards. Which industries are covered by the feds? Good question. Banking, interprovincial transportation, telecommunications, aviation are a few. Don't panic if you don't understand. Just phone both the provincial and federal departments and let them figure it out for you. Hopefully you'll get the same answer from both departments. |
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| Q5. Why haven't you provided a nice, handy
list of government departments to call? A5. I've tried this kind of list before. The problem is, departments and their websites keep moving and changing names and I'm too lazy to update lists. So, depending on which province you are in, you need to look for the Employment Standards Branch or Department, and if that does not work, try the Ministry of Labour. The feds at the time of writing call themselves HRSDC, Human Resources Skills Development Canada. But that name changes every year, so stay alert. |
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| Q6. Other than the very basic employment
standards issues, what other help can I get from a government
department if I am fired? A6. This gets complicated. Perhaps you were fired as a reprisal for making a health and safety complaint, in which case look for the bureaucrats in charge of health and safety. If you were fired because you were on workers' compensation, try the workers' compensation board, or a similarly named tribunal. As always, start with the Ministry of Labour, if there is one. If your termination rested on a prohibited ground of discrimination--in other words, you were fired because of the colour of your skin, religion, gender, etc.--then you want to contact the local human rights tribunal or human rights commission, or the federal equivalent if you fall into the 10% of ex-employees in this group. |
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| Q7. What about suing? A7. Great question! Here's something that every dismissed employee needs to know. They may be able to obtain a greater damage award from a law suit (this can sometimes be done in small claims court) than they would by making a formal complaint to the government's employment standards branch. This is not a hard-and-fast rule. Generally, the more years of service you have with your former employer, the more money you made, the older you are, and the more important your job was, the greater the money you can receive in a damage award at trial. Usually, government departments are quite careful to point out this distinction and often complainants are forced to make a choice at some point--either to proceed with the government complaint or the law suit, but not both. The rules are complicated. You'll need help of the government department or, better yet, an experienced employment lawyer (not a general dweeb who does wills and family law, too--an employment lawyer). |
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| Q8. You haven't talked much about unionized
employees. Why not? A8. It's complicated, that's why. If you are covered by a union, your very first stop for help is the union that represents you. They can file a grievance and possibly get you your job back if your employer cannot show "just cause." If your union isn't helping you, then you need to move up the line and talk to more senior people in that organization. If that doesn't work, speak to a labour lawyer. In this case, since you're going to hammer a union, you (the ex-employee) may want to speak to a management-side labour lawyer (not an employment lawyer--a labour lawyer). There are, however, many dismissed employees who cannot get their unions to help them in their battles. Often, this is because the union has considered their cases and has decided it doesn't like the odds, the cost of the battle, or the effect reinstatement will have on fellow members. Good luck trying to compel a union to change its mind once it's considered your case and told you to pound sand. |
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| Q9. You've
mentioned government departments only enforce the bare minimum
standards and that a wrongfully dismissed employee can generally earn
greater rewards at trial. Isn't there some magic fairy that can get me
what I deserve without spending money on lawyers? A9. No, unless you're covered by a union. Too often, ex-employees think there must be a saviour in some government department who can magically do away with nasty coworkers, mean bosses, hurt feelings, and unfair treatment. There isn't. You've got your bare protections under law and then the courts. That's it. If you haven't got the money for a lawyer, try seeing if you can speak with an employment lawyer for a free initial consultation. Try legal aid (good luck!). Look around for avenues to get an experienced employment lawyer to have a look at your case and decide if it has legs. |
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| Q10. How can I send you questions for help? A10. You can't. I don't give advice since I don't want to be sued for negligence and chances are you don't have the money to make that risk worth taking. There is no way of contacting this author for advice. Period. Full stop. |