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suspended from work and mostly will be fired next

Discussion in 'Canadian Labour Legislation' started by Yorker13, Mar 18, 2018.

  1. Hi

    I had a confrontation with a coworker on friday, i am new to this company, i am now working since 4 months in the company and passed the probation period, from day one, first the atmosphere in the office is always synical and high level of profane and racial jokes thrown around, that coworker for some reason kept picking on me,on several occasions.

    - one time he told me, to get the f**k out of the country if i dont like it.
    - he also tried to make joke with me ,he brought a sharp pointed object,and said to me ,hey i found your favorte toy.
    - also he expressed a racist view on the black panther movie in the office and in public, he said he dont like the actors are all black and all the audience are black as well.

    anyhow, the confrontation started when he called me by my first name and number 2, basicly we have another cowarker who have same first name as mind, so the team started calling me X#2, personally i didnt like it,becuz no one asked for my opinion.

    i didnt want him to get comfortable with me so i asked him while we passed each other in the corridor,not to call me that name, he walked toward me and said i will call u that ,u dont like it go and complain.

    then went inside the office, after few minutes,i went inside and he was partially blocking the entrance,i walked around him, and stopped next to him and told him not to call me that name again, he starter screaming that i am crazy and i lost it, i screamed back at him.

    so he went and made a complaint that ,i came close to his face and threatned him and also pushed him,

    the HR met me and for some reason started taking his side of story more than mine,especially that the rest of the team witnessed that i came to the office and started yelling at him .

    they suspended me from work and said my manager will call me on monday and took my access card and laptop.

    i believe they are going to terminate me , i feel that is unfair, my mistake was i didnt report the previous events with that coworker since i was new and i didnt want to ruin my probabtion period with side problems not directly related to my technical work.

    what exactly should i do now?

    i am in Hamilton, is there an office for minstery of labour to file a harrassment complain against the company and that coworker?

    i dont know any lawyer,and they are expensive, but i would appreciate if u can recommend any lawywer, preferablly one that have free consultation. and even better wont get paid untill i got paid

    another question.

    giving the situation above, and if they fire me, what is the best scenario for me to get terminated without losing EI and also positive reference .

    also i am very determined in filing harrassment suit , but i dont have proofs,and i dont think the team members will witness with me, they r buddies with that coworker, if i go this route can the company retaliate by filing defamation suit against me and terminate me with just cause like misconduct.
  2. You can try to report this but honestly without proof and given there was minimal harassment don’t anticipate it going far. Something like calling you X#2 may not be to your liking but is not really harassment. Canada is not free from toxic work environments and much larger systemic issues have not been pursued. I think you need to focus on speaking to HR and trying to save your job. Seems like you are trying to sponsor your family and you have already had very irregular short term employment which doesn’t look good on a CV.
    Yorker13 likes this.
  3. thx canuk,

    i know my chances are slim, but i have two concerns here

    1- if the compnay decide to terminate my services due to misconduct, that will deny me getting EI, and also i cant add my 4 months of working experience to my short and irregular work exp in canada, because any future employer thinking to hire will ask for references from the last employer and might as well contact the HR.

    2- the harrassment issue, i know i dont have proofs, but ,i feel injustice to be fired and that guy is still working and mostly laughing and making jokes.

    I called the mistry of law, they said if u go for harrassment suit, first contact the company and let them conduct an investigation, if they dont then get back to us.

    what are the capabilities of the minstery of labour, only monitor the company made acceptable investigation, ?! i want that guy to suffer as i am suffering right now and face the same fate as well,becuase he is a bully and no one reported him yet.

    the minitery of labour said as well, regarding the wrongful dismisaal nothing they they can do about it, and i better seek legal advise from a lawyer,

    i contacted one who give free consultation and he said its not worth it, since u only working for 4 months that is less than one year, so if they terminate you,u r elgible for one week pay, if they terminate u with just cause ,they wont pay u anything, so max u looking for one week pay.
    then he closed the conversation saying ,if u want more u have to pay me per hour and hang up.

    what you think please?, i feel so maltreated
  4. Given that you never reported him and don't have any proof/witnesses, you are likely out of luck. The lawyer is correct in that with such a short time working there, legal action will not get you much even if you win. This is exactly why stuff like this needs to be reported as soon as it happens.

    If you are fired, I suggest that you simply move on.
    canuck78 likes this.
  5. I am not a resident and cannot reply from a Canadian legal point of view but I have faced somewhat similar situation in the past. My suggestion is to try and continue to work with the current employer while searching for another job. For this you may have to persuade them to let you continue (although it is quite difficult when you have been unfairly treated). Doing this will save you from many troubles save the one of continuing in a somewhat hostile environment for a while.
    Yorker13 likes this.
  6. thank you amafhh
    much appreciate it
  7. If he has filed a complaint saying that he punched you, are there are CC TV cameras to prove this? Just prove 1 point wrong and the entire story will change.

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