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i need some help re employees rights about termination etc

jackieb
November 8th, 2005, 06:07 AM
My husband was told that his company was going to get rid of him they gave him 2 months notice not in a written contract! They basicly needed him today he got his official letter stating he has till the 25th FRiday at work!

They want him to sign a letter saying he wont take them to court wth we are totally new to canada and its employment laws should he sign?


if any one can help thanks

BMDLuver
November 8th, 2005, 06:45 AM
Hi Jackie,
I think that your husband would be wise to consult the Ontario Labour Board. I don't know what he does for a living but it sounds odd that they would ask him to sign a letter stating he would not take them to court? Normally, when someone is let go from a higher position in a company, they are immediately asked to leave the premises, a package is given through human resources and once that package runs out, Unemployment Insurance kicks in. Something seems a bit off.

jackieb
November 8th, 2005, 06:53 AM
thanks this is my concern why ask him to sign i dont know about the laws here as weve only lived in Canada for a year i will contact them

thanks

Dog Mom
November 8th, 2005, 07:09 AM
I don't know if this will be of any help but here is the Labour Laws site
http://laws.justice.gc.ca/en/L-2

jackieb
November 8th, 2005, 07:27 AM
well looking at it i think hes been giving the right time in notice as hes on a 2week notice contract ive tried to get hold of them but keep getting different numbers to ring.

I still dont like the idea of him signing anything after all they have done nothing wrong! I really don t think he should sign and dont think he should be asked to saying he wont take them to court!

CyberKitten
November 8th, 2005, 07:35 AM
Legally, he should sign nothing. I have only ever heard of this amg compannies whose employees may be in situations where they may sue later - as in a chemical company or utility using some known cercinogen or that kind of them but one can never sign one's rights away. Even if he did sign, he can still take them to court. But it makes no sense for them to ask him. It's quite bizarre actually - unless it is a chemical - petrocehmical - utility etc but that is my own pount of reference. Did he not have a contract? How can they just give him notice like that?

jackieb
November 8th, 2005, 07:43 AM
yes he had a contract his contract states 2 weeks notice
they have been sued a few times though

he is in plastics but its to stop him sueing thats why they want him to sign they spoke to him intially told him he had to go in 2 months as quote he didnt fit in. Then he recieved the official written notice yesterday were he was asked to sign there and then he said no he needed to read what he was signing too


thanks all

Roxy's_MA
November 8th, 2005, 09:24 AM
I wouldn't sign anything. He is leaving the company, and I have never really heard of having to sign a contract saying you won't take them to court. If the company has done nothing wrong they shouldn't be worrying. If they have done something wrong, I say scrap the contract and let them sweat, whether your man decides to take them to court or not. They let him go, they can't boss him around anymore.

Sorry I am a bit of an anarchist at heart, and it bugs me that they want control over his actions after he leaves the company.

I have signed a non-competition agreement at work, and I have already voiced to my manager that I feel it means nothing and would not stand up in court. (he he, I wrote it, and I ain't no lawyer.:D)

Gazoo
November 8th, 2005, 11:35 AM
I wouldn't sign anything. He is leaving the company, and I have never really heard of having to sign a contract saying you won't take them to court. If the company has done nothing wrong they shouldn't be worrying. If they have done something wrong, I say scrap the contract and let them sweat, whether your man decides to take them to court or not. They let him go, they can't boss him around anymore.

Sorry I am a bit of an anarchist at heart, and it bugs me that they want control over his actions after he leaves the company.

I have signed a non-competition agreement at work, and I have already voiced to my manager that I feel it means nothing and would not stand up in court. (he he, I wrote it, and I ain't no lawyer.:D)


Exactly, I'd tell them to pound sand before I'd sign any release document like that!!!!

Schwinn
November 8th, 2005, 12:17 PM
I'd tell them that you want your lawyer to look at it first.

jackieb
November 8th, 2005, 01:01 PM
thanks guys i didnt think he should sign anything either but being new to it all weve only been in Canada a year!

I told him not to sign after all hes already fired they cant do anything !

melanie
November 8th, 2005, 03:04 PM
what do they mean 'he didnt ift in' sorry but to me that is no excuse to dismiss someone, as long as he fullfils the role of the position to the best of his ability then they should have no right. there have been plenty of job in which i find i have not gotten along with everyone, thats just human, but certainly not a reason to dismiss him.

if they dont like his personality its no reason to dismiss him, its jsut rude and arrogant. i wonder what they think fitting in actually is, to me in the workforce its doing the job and thats that. hes not there to socialise, hes doing a job. sorry but it all sounds a bit off to me, i think their doing somethign wrong. consult the labor ppl immeadiatly, and gosh dont sign anything. get a lawyer to check it out or even the local legal service if you ahve one. or even just tell the employer you watn a lawyer to look at it, that should stop them if their up to no good.

gosh thats just plain mean of them, and i dont think thats a legitimate reason for dismissal. take it to the labor ppl....

it just does not sound right to me.

jesse's mommy
November 8th, 2005, 03:10 PM
I agree with Mel. Letting someone go because they don't fit in doesn't sound right. Do they have a file on him with mistakes or misdoings? If not, I would think that's wrongful termination. I would definitely have a lawyer review things.

Roxy's_MA
November 8th, 2005, 03:55 PM
If he has been there for under 3 months they can fire him for just about anything, because of the 3 month probation period that the labour board allows. If he has been there for longer, you could sue for wrongful dismissal. I would definetly be contacting the labour board, they should be able to give you some direction.

These employers sound like real jerks. They've been sued before, I wonder what it will take to smarten them up.

Schwinn
November 8th, 2005, 03:57 PM
With contract workers, they do have more freedoms (they can just refuse to renew the contract). But the fact they are asking him to sign something stating he won't sue is a little odd. And by little, I mean, really odd.

mastifflover
November 8th, 2005, 04:07 PM
Jackie that sucks but do not sign anything. If it is 3 months there is not much you can do, but longer he would need reprimands or reports in his file (written) as to the problems and they would have had to speak to him and let him know if they had problems with him or his work. They seem like something is amiss for them to want him to sign this document. Big red warning flag for them to even mention this would send a message to me they have done something wrong. I agree he should tell them he is not signing anything until his lawyer looks it over.

Shaykeija
November 8th, 2005, 11:47 PM
DO NOT SIGN ANYTHING.. We had to sue my husbands ex employer for wrongfull termination. Took us 4 years to settle and a staggering amount of money. But it was worth it when I ran into my husbands boss and got my hands on him. I wanted to be at the lawyers meeting but our lawyer thought I would go over the table and choke the crap out of the jerk. Crappy company has age wage issues. I cant tell you what jewellers they were but I will give you the initals. BM out of winnipeg Go see a lawyer.

jackieb
November 9th, 2005, 06:29 AM
hes has been there just under a year he had a 6 month review nothing was brought up then! Hw would have been there a year the end of the month!

He isnt going to sign anything!

thanks