Quote:
Originally Posted by stang
So, is there anyway that Peters stays?
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Quote:
Originally Posted by FlamesAddiction
No matter what, Peters has coached his last game for the Flames. It's just a matter of how the paper work is filed at this point.
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Yes, and not necessarily. Also, IMO, unlikely simply because of optics.
The "court of public opinion" is not how reasonable, professionally-managed employers make decisions on employees' termination or reinstatement. They make a reasoned judgement based on fact, supportable evidence and their own willingness to pay termination amounts depending on their view of their situation.
There is nothing wrong with an employer terminating any employee, regardless of whether said employee has a contract or not, and regardless of length of service. The question isn't even (mostly) one of "cause". Where supportable cause does not exist, the employer can terminate, pay statutory minimum severance (look it up under Alberta Employment Standards for instance, though each jurisdiction is different) and then decide whether additional compensation is required for the lack of notice. THAT is what gives rise to wrongful dismissal suits. It's not usually the termination
per se - it is the lack of proper notice, opportunity for remediation etc. This applies to more or less all employers and employees, regardless of position. Mail clerks to presidents. Plumbers to architects. And yes, even in the case of "cause" (very difficult to establish!).
This situation is no different.
And a side note for anyone in a difficult position:
Notice may be part of a contractual arrangement, or it may be informal. But regardless of Employment Standards saying, for instance, one month notice...there are situations where that is simply inadequate. Again, THAT is what gives rise to lawsuit, negotiation and payment to the aggrieved employee.
Anyone who works for an employer should familiarize themselves with the rules. They are abused often (restaurants and bars are notorious) and, if you find yourself in such a situation, make a complaint to Alberta Employment Standards. They're pretty OK, if slow. Or contact a competent employment lawyer. Calgary has quite a few.