Human Rights Complaints

[Deelow]

Let me give you a scenario. There's this "guy I know" who was happily working in Alberta when one day he receives a call from a manager at a company in another Province inquiring about potentially coming to join this company. Up until that day he had never been in contact with or heard of this manager.

He flies to the new Province for an interview, they wine and dine him. He has a couple reservations but in the end accepts the offer to advance his career and join this new company. Company asks for a 5 year commitment.

Of course he uproots his life, leaves his serious girlfriend and a good job behind in Alberta. The girlfriend works in the same industry and has been talking to a competitor in a different city but within the same new Province. "The Guy" figures it would be a good idea to tell his Manager first hand that his Girlfriend has been talking with competition in a different city. Manager immediately tells him that it would "not be in his best interest" for this to happen and "he would not be trusted within the company" if she accepted.

1 month later Girlfriend accepts postion with competitor. Manager finds out, days later "guy I know" is out of work. With no warning or reasoning. He was told to pack his things and leave. He was only 2 months into a 3 month probabtion period so wrongful dismissal is more than likely out of the question but is there possibly a human rights case here?

Does anyone have any experience dealing with these sort of problems? Any help yould be great.

[urban1]

It would probably be worth talking to an employment lawyer to get some advice regardign this situation.

I however doubt he has much recourse. I cant see how this could be a human rights issue by any stretch of the imagination. This is a harsh lesson for your friend to learn but its better he learns it early in his career rather than later. Sometimes you need to keep your personal life away from your work life and not let the two intersect.

[worth]

Human rights? Did they waterboard him as well?

Bad scenario, but yeah, best bet would probably be to talk to a lawyer.

The uprooting and moving etc. really has nothing to do with anything. yeah, it sucks, but they only think the guy has to go on is if the company can fire them for no reason after 2 months. If they are legally allowed to, then tough luck.

[The Yen Man]

It's a possible wrongful dismissal issue, but not a "human rights" issue. Honestly, the fact that he hasn't passed the 3 month probation yet may very mean he's SOL.

What I don't understand is why he would tell his manager in the first place. Maybe the manager is seeing a possible conflict of interest here. Afterall, companies look at the trading of insider secrets very seriously. His new manager probably didn't want to risk it, and since your friend hadn't passed the 3 months yet, he maybe figured he can nip this potential problem in the bud without any recourse.

[icarus]

I wouldn't be surprised if a 3 month probation period doesn't hold much water in a labour tribunal. If guy-you-know is truly dismissed wrongfully, then an employer probably can't insulate themselves with a probation period. That's like a free ride for them to ditch anyone for reasons other than performance or competence. I'd look into it with a labour lawyer.

[Ozy_Flame]

According to Alberta Employment standards, you cannot claim termination pay if you have worked there for less than three months.

Termination notice, I'm not so sure.

What I do know, is that you have to give reason for being fired. Being told to pack up and leave is not good enough.

I would call the Alberta government and inquire about your situation.

[corporatejay]

I know nothing of employment law beyond the minimum but just because he can't get termination pay doesn't mean that there isn't some sort of other legal recourse (another wrongdoing of some kind).

I would strongly suggest you talk to an employment lawyer. If you are worried about cost, find one that will give you a free 30 minute consultation, most lawyers will.+


EDIT: also, was this five year committment thing understood or was it in your contract?

[Flame Of Liberty]

Human rights? Wrongful dissmisal? WDF? The manager did what he had to do. I would do the same if partners of my subordinates worked for our direct competition. You can't risk the potential leakage, that's not good management.

[Locke]

There ain't no justice like angry mob justice.....

[Deelow]

Originally Posted by Flame Of Liberty

Human rights? Wrongful dissmisal? WDF? The manager did what he had to do. I would do the same if partners of my subordinates worked for our direct competition. You can't risk the potential leakage, that's not good management.

Not good, but legal maybe?
http://www.chrc-ccdp.ca/complaints/m..._status-en.asp
Unfortunately I don't believe you can just fire someone because you are not thrilled with his personal life. That's not how it works.

And it should be noted that this is not direct competition. This is a competing company in a different city.

[Deelow]

Originally Posted by worth

Human rights? Did they waterboard him as well?

Bad scenario, but yeah, best bet would probably be to talk to a lawyer.

The uprooting and moving etc. really has nothing to do with anything. yeah, it sucks, but they only think the guy has to go on is if the company can fire them for no reason after 2 months. If they are legally allowed to, then tough luck.

Human Rights is not just Racism and Sexism

Grounds of Discrimination
Under the Canadian Human Rights Act, it is against the law for any employer or provider of a service that falls within federal jurisdiction to discriminate on the basis of:

• Race
• National or ethic origin
• Colour
• Religion
• Age
• Sex (including pregnancy and childbearing)
• Sexual Orientation
• Marital status
• Family status
• Physical or mental disability (including dependence on alcohol or drugs)
• Pardoned criminal conviction

[Flame Of Liberty]

Its not about personal life. Its about risk that sensitive info may be leaked to your competition via personal link (deliberately or not).

[The Yen Man]

Originally Posted by Deelow

Not good, but legal maybe?
http://www.chrc-ccdp.ca/complaints/m..._status-en.asp
Unfortunately I don't believe you can just fire someone because you are not thrilled with his personal life. That's not how it works.

However, you can be let go if there is a potential conflict of interest. I'm not sure what company your friend worked for, but some companies make you sign certain disclosure agreements, and maybe there's a stipulation where you can't have any contact with direct competitors.

The corporate world is pretty cut throat, and each company guards company secrets pretty strictly.

I dunno, honestly if I was your friend's manager, I wouldn't have been very comfortable with your friend's gf working for a direct competitor either. If I had a chance to, then yah, I would let him go too. That's just the nature of the business.

[urban1]

He didnt get fired because of his marital status. He got fired because of his possible conflict.

Direct competition or not... thats an opinion... what if his firm was planning to expand to the other city?

If his 90 day probabation was up they would have gotten rid of him anyways but he would have been given some compensation.

He's SOL due to the probation period. You can talk to a lawyer in case there are some details you are leaving out but this situation seems pretty straight forward.

Originally Posted by Deelow

Not good, but legal maybe?
http://www.chrc-ccdp.ca/complaints/m..._status-en.asp
Unfortunately I don't believe you can just fire someone because you are not thrilled with his personal life. That's not how it works.

And it should be noted that this is not direct competition. This is a competing company in a different city.

Originally Posted by Deelow

Human Rights is not just Racism and Sexism

Grounds of Discrimination
Under the Canadian Human Rights Act, it is against the law for any employer or provider of a service that falls within federal jurisdiction to discriminate on the basis of:

• Race
• National or ethic origin
• Colour
• Religion
• Age
• Sex (including pregnancy and childbearing)
• Sexual Orientation
• Marital status
• Family status
• Physical or mental disability (including dependence on alcohol or drugs)
• Pardoned criminal conviction

[RougeUnderoos]

I would say that the boss telling him that "it is not in his best interest" and "he will not be trusted within the company" if X happens, and X happens, he's got both a warning and a reason.

If I wasn't trusted with "insider" info where I work I'd just sit on my ass surfing the internet all day, collecting a paycheque simply for showing up.

Hey, wait a minute...

[GreenTeaFrapp]

I think you should research 'Wallace Damages' where damages can be awarded if an employer hasn't acted in good faith.

[Ozy_Flame]

Originally Posted by GreenTeaFrapp

I think you should research 'Wallace Damages' where damages can be awarded if an employer hasn't acted in good faith.

I don't think the Wallace case could be applied to this situation, although I could be wrong.

[maverickeastwood]

The problem here is "guys" employer had knowledge of this persons personal life and willingly used it as an excuse for termination. Lawyer.

[CaptainCrunch]

Originally Posted by maverickeastwood

The problem here is "guys" employer had knowledge of this persons personal life and willingly used it as an excuse for termination. Lawyer.

I don't know it thats relevant based on the time line. If he had known that she was going to work for the competitor before he hired him, then its relevant. But because this happened afterwards and he counseled him that it would be putative to his career it becomes a different situation.

[Burninator]

Is conflict of interest (or whatever this is) mentioned as grounds for termination in his contract?