- In canada for only 11 months and working in IT.
- Was hired as PM with key challenges to turnaround the business and make this company from Product to Total Solution Provider.
- Lured into the Job. Offered $65000(Advertised on web at $75000 base) + Bonus( to be paid quarterly) + promise of good increases if I turnaround the business which went through series of layoffs. I joined in October 2004.
- Quarter after Quarter when I went and asked for Bonus, I was given a new better Bonus Plan and told that it would be paid yearly.
- When Bonus questions came, I was offered new title. I was made a Delivery Manager and asked to what Compensation is standard in Industry - I showed few links of base $120-140K and employer agreed. I acted as Delivery Manager since April. I had turned around business and brought in lot of processes but at the same time this dealing of employer had impacted my stress level.
- We got acquired by another US company in April and now whenever I asked for things, I was told that Corporate had to decide.
- I know people were paid bonuses, relocation, issued business cards and not put under stress and taken advantage of like me. And I also knew that I was taken advantage of because of my race and immigrant status.
- On many occassions my knowledge was made fun of by Directors because of lack of their ignorance and few months later, they all were talking what I proposed. But this put me through so much stress that I had dizzy spells and I had to get my CAT, MRI, ENG, Stress Tests, See ENT, Neurologist and had heck of a life.
- In July 2005, I overhead that Management is trying to corner me and get me out now since their job is done because if I stay and Corporate finds out about internal things and bad practices, they would be in trouble and they knew that I had run into issues with Management because of discrimination.
- I was instigated to retaliate, not invited in meetings, not allowed to do my job description key duties and I did write back strongly on many things that were wrong.
- Management was doing lot of unethical things and I challenged that everytime - like misrepresentations, falsification of data, discrimination, and having backdoor dealings to pay higher monies to friends agencies to staff internal needs and get a kickback.
- I was given a warning letter in August with all false allegations(as expected since I knew it in July this was coming)
- I checked on Psychological harassment laws with Local Government agency and they sent me appropriate sections where I believe my employer had grossly violated.
- I took the Printout and showed it to my employer and told him that I would take it up if this does not stop.
- I was fired.

HOW THIS IMPACTED ME
----------------------------
- Bonuses as per contract and promises not paid
- My knowledge was taken and company have strong growth. I feel grossly cheated.
- Promise of Long employment not kept and I had done everything what a new employee would do especially if you are a new immigrant you know you will work very hard.
- My opportunity cost to work here over others that I let go in Toronto has been huge since facing interviews in Toronto while I am in Montreal is a challenge. Also I choose to work on this old technology over other opportunity in New techology because of all the promises of growth I was given at the time of interview
- I think because of my newly created health situation due to stress, I may have lost few years of my life and it would have caused some permanent damage.
- Because of Non-Compete clause I can't even do my own consulting in this area.
- Employer timed it in such a way that my lease was just automatically renewed for a year and if I move out to Toronto or other place I have either to find a sublet/lease transfer or have a huge burden of $7000

Most of what I have stated here, I do have written evidence of it. This was an incompetent manager(Director) against whom the entire department had complained to the Company President a number of times but because of the buddy circle at Directors and President level where everyone probably gets kickback on every wrong doing, President has not acted to look into this and other situations. Over 75% of employees in Company would say that I was doing the right thing in my job and even when I challenged the unethical practices.

I need a Lawyer or some direction.

I think you need a lawyer. I think you were entitled to get an investigation started by the 'Quebec Commission des Normes du Travail'(link below...site seems down). Once the investigation is initiated the employer would have to keep you on the payroll till the investigation was complete. However, taking the printout to the employer was a bad idea imo.
Anyway now that you are fired, maybe you can peruse the following link.

http://labourrelations.org/Links/Labour_Links.html
http://www.cnt.gouv.qc.ca/fr/index.asp

If you believe you have a strong case maybe go for a consultation(may cost a cpl of 100$ for the hour). Then decide if its worth proceeding. If you can, go for a recommended lawyer(rather than using 'desi' -ness as a qualifier).

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Before u hire a lawyer think about these things.


Do you have a written contract from the employer stating the terms of the contract eg. bonus etc?

DO you have documented evidence of the practices going on within the company for e.g did you write any memos, letters reminding the company of your bonus and did you get any replies?

In all jobs it is a good practive to maintain a written record of all meetings with date, so that a timeline can be established. Do have such a record?


From bad experience with dealing with employers I have realized that employers pretty much have the upper hand in most situations. It is beter to NEVER openly crticize or disagree with your superiors. ALways take the diplomatic route because if a person likes you he will make sure you get a fair deal but if you argue you are pretty much F*****.

In retrospect you should have seen the warning signs after the bonus was missed the first time and started looking. But then hindsight is always 20/20.

Also it is a wise idea to have an employment lawyer go through your contract before you join the company so that he can advise you of your downside in case of a firing.

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I have only 2 cents to contribute, not a cent more, not a cent less ;-)

Quote:

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Orginally posted by my2cents

Do you have a written contract from the employer stating the terms of the contract eg. bonus etc?

DO you have documented evidence of the practices going on within the company for e.g did you write any memos, letters reminding the company of your bonus and did you get any replies?

In all jobs it is a good practive to maintain a written record of all meetings with date, so that a timeline can be established. Do have such a record?

---

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http://www.servicedomino.com

Well,

I look at it from the positive side. Since I went through a lot of stress and probably this is the worst company I ever worked for, if anything it can only be better.

I am bidding a farewell to Quebec for sure - forever and for good. To heck with this kind of treatment.

On the other side, I know that it is 20/20 as yes I do have openly criticized in writing but at the same time, I also have written contracts on Bonus, and copies of emails where I sent repeated reminder to my employer.

There was clear discrimination and I can easily prove it - even my team members would say the same.

I have written today to government body to investigate this case of psychological harassment and discrimination. I know that consulting lawyer would help but at the same time before it gets anywhere I may have to put in a lot of money and I did not want to.

I have evidences and if want law to take its own course. If not, I will have to think about other options then.

Right now I am just focusing on the positives and planning to move on in career. Once I settle down I probably will have time to dig deeper into it.

Even if I get hired back its not worth it. Yes I have claimed direct and indirect damages from the Government body http://cnt.gouv.qc.ca

I still believe that situation was induced and I was instigated to retaliate and any reasonable person would do that if he was in my situation. Reason I was looking for a desi lawyer is that I know that without spending a lot of money if the lawyer too agrees that I have a case, then we can work out on mutual terms on the settlement amount as he fights my case if we win.

I would still have my option of Lawyer open once I hear back from government body! Let them investigate first to see how immigrant friendly and non biased the Quebec Labor standard governing bodies are. I wanted to see that side for my sake and also for my perception of this region.

Just my 2 cents and I am not a lawyer.

It is unlikely an employment lawyer will take this case. You didn't work long enough with the employer to have any significant monetary claim even if you win. Lawyer wouldn't make enough money to spend time on your case. Lawyers consider 5+ years as ideal scenario for health and mental stress. But ofcourse, it doesn't hurt to talk to one. You may have to pay $200-500 for initial consultation.

Were bonus promised orally or in writing? Also did you agree in wriitng to changes in bonus plan made later? Oral means nothing. And if you agreed to changes later, you have no case based on initial promises.

I wouldn't worry about non-compete clause. What will they do if you do consulting in MTL? Unless, you are high ranking official in a "publicly significant" company (ex:M$ vs. Ogle, Ford vs. VW), nobody cares about non-compete. Consult your employment lawyer on the agreement. If it is too broad, it is unenforceable and if it is tightly focused, it doesn't restrict you enough to prevent you from earning for living through use of your experience.

Rest of the impacts have very little significance legally.

My advise: You best bet will be to file complaint with government and move on. I rather spend time finding new opportunity rather than what I lost in last one. Chalk it up to lesson learnt.

Yes - I have everything in writing. Most of it is in emails and attachments using Company email.

I have asked from the Govt the following expectations : Following is what I wrote to them as my claim :


- Salary and Bonus differential
- Evaluation of my health situation created by stress( I had no medical claim/ hospitalization till now in India - I can show the evidence) but in Montreal, I had and still have to to see Doctors repeatedly. If this has caused permanent damage or reduced my capacity to work or my life, I would request adjusted compensation.
- I feel there was a conspiracy to steal my knowledge and put me off even before I was hired. Management knew that within 2 years they can let go anyone without any reason. I brought turnaround in business and worked very hard. I expect 3% of revenue for all Professional services business for all new contracts signed after I joined till 31 December 2006 where my knowledge has been utilized to win contracts and execute projects. I strongly believe that without me joining, this company was not in position to win these contracts. I was asked to sign a non-compete clause that prevents me to work with competitor.
- Relocation back to Toronto since I was lured and promised long term engagement.
- Damages for hurting my dignity, reputation and putting me through unwanted stress
- Taking over my 1 lease.
- While I could have asked for re-instatement, after consulting my parents in India and my wife, I have decided to get out of this place(Montreal and Quebec) and look at positives that other company/region would offer. However, I certainly want to have continued salary till I find other job. My record of employment has been marked 'M' that means I can't get EI. Why has it to be this hostile - just because I brought lot of knowledge and changes far more than anyone expected of me ? Is that a bad thing?