Hello all! I have been away for a while as I had my hands full with too many issues in the last few months. One of which was taking my former employer to court. A lot of us do not know our rights in this country. And therefore we may be 'on the short end of the stick' as they say! When I got 'laid off' in August I went through the classic symptoms - anger, fear of the future, self-doubts etc. Then I spoke to a lawyer and after hearing my story she felt convinced I had a case of unlawful dismissal against my former employer.

If you have doubts about your ‘layoff’ or firing, here are some tips.
1. Scout around for a lawyer who specializes in employment/labor law.
2. Your first contact should be via phone to set up a meeting. Be sure to confirm that there is no charge for this initial meeting.
3. You also have recourse to Government bodies that monitor employer/employee issues. In British Columbia, they have an Employment Standards office, which can force employers to comply with acceptable systems & procedures.
4. If you are suing your employer, be aware that employers being large corporations have deeper pockets and you are therefore at a disadvantage. Sometimes, depending on individual merits of a case, lawyers would be willing to work on a ‘contingency’ basis. Essentially this makes the lawyer agree to pursue the case for you in exchange for a percentage of the winnings. The upside is that even if you lose the case, you don’t lose $$$$! Again, unless it is a sure-shot not many lawyers would accept it.
5. Lastly, go for a BIG law firm. It scares the crap outta the employers!

BTW, I did win my case!

Videseebahi,

Congratulations on your winning the case - though I was sad to learn you were forced to do such a thing.

Also, thanks a lot for putting up a post in this regard to impart knowlege to other desis. While none of us desis would like to do such a case on employer, while in Canada we have to do as the Canadians do!!

Winning the case means what? Monetary compensation only or compensation and reinstatement?

However, now that you have won the case, I have a few questions:

a) if you have been reinstated, what is the attitude of your employers towards you? What about co-workers?

b) in such a case, what do you feel are your chances of progress in the job - could be lots since now they know your mettle, or could be nil, as they would not like you atall and not give you any opportunities.

c) if not reinstated, what kind of compensations are received - both compensatory and punitive (or whatever you might call them)?

d) if not reinstated, have you been able to find a new job - if yes, how did you go about telling / hiding this case from prospective employer. If not as yet, how do you plan to approach prospective employers?

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Chandresh

Advice is free – lessons I charge for!!

Hi Chandresh,

Yes, a lot of us desi's don't go through the legal system 'cause we are afraid that it will affect us for our next job! Legally, your current/previous employer is not allowed to say ANYTHING that would spoil your job prospects. That includes a court case. In my case I alleged that they did a 'naqli' layoff to avoid paying me commissions. I was not interested in re-instatement. But I have studied the Labor law in B.C. If you are reinstated (And this happens in Public service) they CANNOT treat you any differently as a precedence has already been established.

My reason for posting this is to create a level playing field. If your employer uses tricks, be aware of your rights and use them if needed. In my case, I am not going to look for another job as I have started my own company .

Compensation is in a few ways:
One is severance. Companies try to give the minimum reqd by law. But Canada follows a system where if the court has given a higher amount of severance, that establishes a precedence of sorts.
Two is 'pain & suffering' which is very hard to prove nowadays

My case was settled out of court after the 7th offer that they came up with was accepted by me! A court case would just have prolonged the whole thing. Fact is I wanted to give them a GPL (am sure everyone knows what that means!)

I know another chap who took a very large corporation to court over unpaid commissions and won! So it is possible.