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Saturday, September 18, 2010

So the process has begun...

I faxed my complaint to the human rights commission yesterday... Will call Monday to find out if I need to mail it as well...

Spoke to a friend of mine who used to be a lawyer, is now a politician, he said talking to the media is ok as long as I tell the truth. Been doing that all along...

I found out yesterday that the other server who witnessed the owners rant on Saturday (she also stood up for me at the time) apparently walked out of her job after I got canned. I'm hoping to contact her to thank her.

I feel bad that she gave up her job for me but also very grateful for her show of support!

Job interview on Wednesday at the casino, food and beverage department. I really hope I get it. I need it badly. Between getting laid off and the multiple delays on my EI claim because of Movie Gallery sending out an updated ROE after they paid me a 78.00 bonus and now having been "fired" no matter the reason my claim is on hold for another 28 days. I should have finally seen a payment on Tuesday but because I was honest I am punished yet again. The computers don't care why I was fired, just that I was so of course an investigation needs to be done. When all is said and done I'm sure it won't affect my benefits but the wait is hitting me hard financially.

So I think I might push for damages, after all this is not only affecting what I would have made full time plus tips but it is also affecting my EI claim...

Sent from my BlackBerry® wireless handheld PIN 303A5430


  1. And emotional stress, and pain and suffering, and...!
    I know it's not about the money Jeannie. But if you're doing it anyway, you might as well run with it.

  2. do we get damages in Canada for emotional stress? because, i really am even more of a basket case lately lol....

  3. is it really technically firing if it is within 3 month probation period?

  4. yes, the 3 month rule does not apply in discrimination cases....

  5. and the way EI sees it, it was not a layoff, i did not quit, therefore to them it is "fired"


    6. Damages for Emotional Distress

    If the circumstances of your termination were particularly distasteful (in terms of the manner in which the dismissal itself was carried out), there may be compensation available. The extra compensation is often called bad faith damages. The purpose of bad faith damages is to punish the employer for some type of wrongdoing, rather than to compensate you for the loss of your job. The factors the Courts consider when determining whether an award of bad faith damages is appropriate include:

    1. Whether the termination was carried out in a particularly offensive way
    2. Whether allegations of cause for termination are maintained without justification
    3. Whether you were fairly dealt with upon termination – including such things as all outstanding pay being provided
    4. Whether the employer failed to provide you with a letter of reference
    5. Whether the employer has taken steps that will impact your ability to find replacement employment

    You could also get damages for emotional distress (also called aggravated damages), and punitive damages. However, bad faith, aggravated, and punitive damages are extremely rare in Canada. If you think you should be entitled to one of these forms of damages, consult a lawyer. Be aware that courts expect an employee to go through an emotionally difficult time when being dismissed. The fact that an employer has to give you the bad news that you’ve lost your job is not in itself reason to claim damages for emotional distress. Neither is the fact that the employer may give you some reasons why they’ve had to let you go. Courts recognize that getting fired is distressful in any situation. Therefore, bad faith, aggravated, and punitive damages are reserved for the truly exceptional cases – cases that some might say border on abusive.

  7. why did he not just say something generic, like I just don't feel you are the right fit for our team and lay you off? Would've saved himself a whole lot of headache. Guy clearly has no brains

  8. I still would have gone after him.... because I already knew his feelings towards my arm when I confronted him on my only shift.... I flat out asked him "If you knew about my arm at the interview, would you have hired me?" his response was "no"

  9. I know, but he would have had better deiability, rather than outright telling you, in front witnesses.
    Not trying to support him, just pointing out what a dumbass he is. Ignorance pours out of him, from his discrimination to his actions.