$7,500 Awarded and Clean Record of Employment – Pass the Buck
Greg was 23 years old, earned $32,000.00 per year and was employed for almost two years with week’s vacation at the time of dismissal.
We talked to Greg about his employer’s policies and what training and awareness was provided. We also verified that Greg had no previous verbal or written warnings. The company did have a written policy around computer usage and e-mail, however, neglected to train or have a sign off from its employees. The information was posted on the company’s website buried in a 250 page employee manual.
After a couple of phone calls to Greg’s former employer identifying the potential for wrongful dismissal, two week’s later they agreed to pay a lump sum of 12 week’s for damages This pay out constituted two week’s notice and 10 week’s severance with vacation pay of 4% on the notice. They also agreed to continue benefit coverage for the twelve week time period. Had Greg been let go without cause, based on his service, his employer would have had to provide notice or pay in lieu of notice of two (2) weeks as a minimum and provided benefits during this time. The Record of Employment (ROE) was re-issued in a manner that allowed a favorable review to be eligible for EI benefits. The employer also agreed to provide a positive reference for Greg and the reason for dismissal would be communicated as downsizing. We were also in a position to request reinstatement of Greg’s employment; however, Greg did not wish to pursue this option.
Here are the details:
- Greg was employed by a large bearing manufacturer in an entry level administrative position following graduation from University
- Greg received an e-mail that contained disparaging remarks about the company and particular managers
- He forwarded this message to a co-worker commenting how bad it was and someone was in for it
- Following an investigation launched by the company several employees who were identified as participating in spreading this communication were dismissed for cause including Greg
- The company claimed in Greg’s termination letter that they had a zero tolerance policy on misuse of the company’s technology
- They claimed that Greg had deliberately maligned the company and it’s employees based on his actions
- Greg was not provided any notice or severance provision based on being terminated for cause, he was paid out vacation pay
- In addition the Record of Employment to be issued would indicate “Fired” and the company would go on to report to Employment Insurance that Greg contributed to his termination by his own actions and was in gross breach of company policy
- It was likely that Greg would not be eligible for Employment Insurance benefits based on being terminated with cause
