Got fired this morning.... wrongful dismissal?

[the-rasta-masta]

Hey everybody,

This morning I was sat down and terminated from my place of employment. To say the least I was shocked, as I was accused of doing something that I am totally innocent of. Obviously I feel I was wrongfully dismissed.

Does anybody have any experience with this? What course of action should I take? Get a lawyer? Can the labour board help me?

Any help would be appreciated.

[Sample00]

one question I have for you is, were you given a severance package?

[the-rasta-masta]

No, this was a bartending job that I worked at 3-4 times per week to help put myself through school.

[malcolmk14]

Everyone who ever built an empire or changed the world sat where you are now. And it's because they sat there, they were able to do that.

[VladtheImpaler]

In Alberta, you can fired any time, cause or not, so really there is no "wrongful" dismissal. It sounds like you were terminated "for cause" (some alleged misconduct), so I am guessing you got no severance? The amount of severance you would be entitled to depends on several factors, the main ones being the nature of the job, and how long you were with that employer.
You may have a claim for damages if you were wrongfully accused of a misdeed. Whether it warrants getting a lawyer depends on the amount of money at issue...
How long were you at this job?
How much did you make?
What were you accused of doing?

[FlamesFanInOilCountry]

What did they accuse you of, what was their proof? Did they actually terminate you or did they say that you wouldn't be getting scheduled anymore? Most places are switching to getting ROE online, so you should be able to see how they terminated you employment (IE: Quit, Terminated etc). The reality of the matter is, that no matter what happens from this point forward you will never work at that place again, so I would start looking for another job. However, depending on the circumstances, you should be able to appeal to employment standards and get severance.

[The Goon]

Originally Posted by malcolmk14

Everyone who ever built an empire or changed the world sat where you are now. And it's because they sat there, they were able to do that.

Well done.

[Sample00]

Originally Posted by the-rasta-masta

No, this was a bartending job that I worked at 3-4 times per week to help put myself through school.

gotcha! The only reason I ask is, if you have been there for quite some time, you should have probably been entitled to some sort of a severance package no matter what you were dismissed for.

[Jimmy Stang]

It was YOU that overserved the Oilers, wasn't it?

[Dentoman]

Just terminated somebody last week .... she was entitled to 2 weeks notice or 2 weeks pay. I paid her two weeks so I wouldn't have her hanging around.
There is no entitlement to severance ... all you are entitled to is proper notice (based on the number of years of employment) or pay in lieu of notice.
If you are terminated for "just cause", then you get nothing.
Sounds like you were terminated for "just cause" in their eyes .... but you say you were wrongfully accused ... unfortunately, I think you are out of luck unless you can convince them you are innocent.

[Dentoman]

Originally Posted by FlamesFanInOilCountry

What did they accuse you of, what was their proof? Did they actually terminate you or did they say that you wouldn't be getting scheduled anymore? Most places are switching to getting ROE online, so you should be able to see how they terminated you employment (IE: Quit, Terminated etc). The reality of the matter is, that no matter what happens from this point forward you will never work at that place again, so I would start looking for another job. However, depending on the circumstances, you should be able to appeal to employment standards and get severance.

He should get an ROE delivered to him that states he was terminated ... the employer must provide his final cheque and ROE within 3 days of termination.

[3 Justin 3]

Originally Posted by VladtheImpaler

In Alberta, you can fired any time, cause or not, so really there is no "wrongful" dismissal. It sounds like you were terminated "for cause" (some alleged misconduct), so I am guessing you got no severance? The amount of severance you would be entitled to depends on several factors, the main ones being the nature of the job, and how long you were with that employer.
You may have a claim for damages if you were wrongfully accused of a misdeed. Whether it warrants getting a lawyer depends on the amount of money at issue...
How long were you at this job?
How much did you make?
What were you accused of doing?

You can obviously be fired anytime, but you need to give the employee notice of termination and/or severance. There is "wrongful dismissal" in Alberta IIRC, if you can argue you were terminated for a bogus reason, etc. then you can file complains/sue.

I just took a HR class in University and I am pretty sure you can sue them if you can argue the case. How ever, it probably isn't worth the time to do so. Unless you partook in illegal activity (stealing, beating someone up, rape, etc.), I am almost positive you should have been given at least 2 weeks notice, or pay in lieu of.

[Poison]

Mine as well just bang her again then......

[SeeGeeWhy]

I worked at a liquor store for a while back in my University days and was fired right before Christmas. The GM stated that he had video footage of me stealing, which was a total crock of crap and I called him on it. He couldn't back it up. I bet your only crime was working for someone that couldn't afford to pay you in the short term anymore and didn't have the balls to be honest.

[fredr123]

I have this website bookmarked on my work computer: http://employment.alberta.ca/SFW/1224.html

See, with respect to termination of employment, this specifically: http://employment.alberta.ca/SFW/1474.html

[SuperMatt18]

http://employment.alberta.ca/documen...S-FI_esfs4.pdf

http://employment.alberta.ca/SFW/1474.html

These two articles pertaining to the employment code for dismissal in Alberta, I would read through that and see what stuff pertains to you.

I will see if I can get a hold of one of the business law professors today, and see what they say about the situation.

[cal_guy]

You should file a complaint.

http://employment.alberta.ca/documen...-ES_es3371.pdf

[InstantDeath]

Originally Posted by the-rasta-masta

Hey everybody,

This morning I was sat down and terminated from my place of employment. To say the least I was shocked, as I was accused of doing something that I am totally innocent of. Obviously I feel I was wrongfully dismissed.

Does anybody have any experience with this? What course of action should I take? Get a lawyer? Can the labour board help me?

Any help would be appreciated.

I got fired from a bartending job once. Im in the states, so I dont know if its different or whatever but - they accused me of stealing liquor. I honestly didnt.

I was the newest bartender, and the manager said he was 'working backward' to remove the problem....I.E. - firing every bartender from shortest to longest tenured - which I though was asinine. Probably because it is...

It was a 'Charlie Browns Steakhouse' and it went out of business like 6 months later. I laughed.

But to answer your question, unless they fire you cause youre black or gay, you cant really do anything about it.

Its their hot restaurant, they can do what they want!

[Frank MetaMusil]

Get that ROE and fill out the EI paperwork. This happened to me a few years back and it was actually a saving grace since it gave me time to find a proper, well paying job.

I think it's safe to say it's Miller time. Head out tonight and tie one on!

[DOK]

The bar industry is sketchy at best. Not sure if it was a club or a chain. It's worth a call to the labour board, but remember, if it's a club, chances are you aren't the only one getting screwed.