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Wrongful Dismissal? (BC citizens take note)

Descendant XDescendant X Skyrim is my god now.Outpost 31Registered User regular
edited December 2006 in Help / Advice Forum
My wife has been working at Petcetera (a BC pet food chain) since August, and at one point was being considered for management. She is an excellent employee as far as any of her co-workers are concerned, has never been written up or had a verbal warning, and there is no reason for what has happened today.

My wife was working the cash register and answering phones today. The president called around four or so in order to ensure that the phone was being answered by saying "Petcetera, Season's Greetings, how may I help you?" My wife states that she answered the phone correctly, but he did not hear her and when he asked for clarification she said "how may I help you?"

So he gets off the phone, calls the manager, and says that he will be speaking to her about the situation on Monday. After some very careful thought he and the VP called back an hour or so later and told my wife's manager to fire my wife.

The way we see it, she should of gotten written up for such a minor infraction, but hey, I obviously don't know how to run a business.

So do any of you guys have any ideas of what avenues and rights we have here?

(edited to trim some unnecessary sour grapes.)

Garry: I know you gentlemen have been through a lot, but when you find the time I'd rather not spend the rest of the winter TIED TO THIS FUCKING COUCH!
Descendant X on

Posts

  • CorvusCorvus . VancouverRegistered User regular
    edited December 2006
    I'm afraid I don't know the actual laws on dismissal here, but that sure as shit seems like a major over-reaction. In the unlikely event theres a union there, they should be able to help you out.

    Possible resources:

    BC Federation of Labour

    The organized face of the union movement. They ought to at least be able to tell you if you have a leg to stand on.

    Quick googling turns up these pages:
    WorkRights

    BC Ministry of Labour, Employment Standards Branch

    Those pages should explain the rights and responsibilities, etc, etc.

    Good luck. Thats some real bullshit they seem to have pulled on your wife. I can't imagine she'd actually still want to work there after this experience, but getting treated like crap by an employer sucks.

    Corvus on
    :so_raven:
  • ZeonZeon Registered User regular
    edited December 2006
    Are you sure your wife is telling the entire story? I mean, if your wife is such a good employee, and everyone likes her, i have a hard time believe no one would fight on her side when the president (Who has time to call to see if the phones are being answered correctly?!) calls to have her fired.

    I mean honestly, im sure you believe your wife, but people have a habit of stretching the truth, especially if they know they might have done something wrong.

    If this is exactly what happened, im sure you could fight it in court, and probably win. But it would be a long drawn out battle for wrongful dismissal and youd have to find witnesses who have been repremanded for the same action but allowed to keep their job, stuff like that. In the end you probably will spend more money on a good lawyer who will be able to help you with these things than youll win from Petcetera.

    But like someone else said, are you sure this is the kind of company you wife would want to keep working for? Sounds like a load of shit to me.

    Zeon on
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  • Descendant XDescendant X Skyrim is my god now. Outpost 31Registered User regular
    edited December 2006
    Yes, Zeon, my wife is telling the truth. The manager who was on at the time fought for her (I saw the red eyes resulting from her crying) and after the whole thing was over she also put in her two week's notice in protest. I'm not sure about you, but in my book people don't resign in protest over an idiot employee being fired. I spoke to both managers who were on at the time and they've supported my wife and believe that this termination is bullshit.

    And as for the president having the time to call, it's a private corporation and the president is the type of guy who has time to do walkthroughs of each store almost monthly, some of those being surprise check-ins. The guy's a fucking psychopath. This guy's wife gave birth last month, and he was back at work the next day. He's got nothing better to do on a Saturday night than make spot inspections of his stores.

    And no, she doesn't want to work there anymore, but we're going to try to make sure this dumb bastard knows that he can't just fire people without just cause. And perhaps get some kind of compensation as well.

    Descendant X on
    Garry: I know you gentlemen have been through a lot, but when you find the time I'd rather not spend the rest of the winter TIED TO THIS FUCKING COUCH!
  • NewtonNewton Registered User regular
    edited December 2006
    I'm not Canadian, so I don't know exactly how things work up there. But most states have at-will employment laws which basically state that you can leave or be terminated from a job at any time for whatever reason (except for in cases of discrimination or harassment). If BC has similar rules, then if the president thought your wife wasn't following company policy by giving the right phone greeting, he is perfectly within his rights to fire her. It certainly makes him an asshole, but doesn't leave you with any legal options for recourse. If the laws in BC are different, then you can just ignore everything I said.

    Newton on
  • WezoinWezoin Registered User regular
    edited December 2006
    Dont mean to be a pessimist here but...

    1) Usually when a place does something like this and then gets 'forced' by law to give a job back they pay damn close attention to find any flaw significant enough to fire the person.

    2) (Although this one is less relevant due to it being someone in a remote location who is unhappy with her) you return to work and theres alot of tension between employee/employer.

    I just dont know if the stress of watching your every move, or the tension would really make me want the job... From the sounds of it, it's a retail job, and those are relatively easy to find and get placed in, unless she only likes working there because of the pets, or other specifics about the products, I'm sure she'd likely be just as happy (or perhaps happier) working somewhere where she doesn't have to think about these things as much. Also, you've gotta consider the legal fees, it'd essentially be buying her job back, which again, as it's in retail, I can't imagine would pay too well.

    Wezoin on
  • WezoinWezoin Registered User regular
    edited December 2006
    Newton wrote:
    I'm not Canadian, so I don't know exactly how things work up there. But most states have at-will employment laws which basically state that you can leave or be terminated from a job at any time for whatever reason (except for in cases of discrimination or harassment). If BC has similar rules, then if the president thought your wife wasn't following company policy by giving the right phone greeting, he is perfectly within his rights to fire her. It certainly makes him an asshole, but doesn't leave you with any legal options for recourse. If the laws in BC are different, then you can just ignore everything I said.

    This is not the case in Canada... In Canada you can only be "let go" for financial reasons (ie, can't afford to pay them, profits down) but you can be "fired" for something you did wrong, but it'd require you to break a company policy of some sort or a law...

    Wezoin on
  • CorvusCorvus . VancouverRegistered User regular
    edited December 2006
    This seems to be break down of rights in regards to termination

    http://www.labour.gov.bc.ca/esb/facshts/termination.htm

    Did your wife get notice in advance, and in writing? If not, she looks to have a legit complaint, and is entitled to compensation.

    Corvus on
    :so_raven:
  • DeusfauxDeusfaux Registered User regular
    edited December 2006
    just curious about a detail...


    how did he know whom he was speaking to when he called?

    Deusfaux on
  • Descendant XDescendant X Skyrim is my god now. Outpost 31Registered User regular
    edited December 2006
    Corvus: No, she didn't get any notice. The guy just called back and had her fired.

    Deusfaux: My wife also stated her name when she answered the call, which I neglected to mention. Either way, she was the only female staff on cash and answering phones at the time so it wouldn't have been difficult to figure out who had answered the phone.

    Descendant X on
    Garry: I know you gentlemen have been through a lot, but when you find the time I'd rather not spend the rest of the winter TIED TO THIS FUCKING COUCH!
  • ProtoProto Registered User regular
    edited December 2006
    Wezoin wrote:
    Newton wrote:
    I'm not Canadian, so I don't know exactly how things work up there. But most states have at-will employment laws which basically state that you can leave or be terminated from a job at any time for whatever reason (except for in cases of discrimination or harassment). If BC has similar rules, then if the president thought your wife wasn't following company policy by giving the right phone greeting, he is perfectly within his rights to fire her. It certainly makes him an asshole, but doesn't leave you with any legal options for recourse. If the laws in BC are different, then you can just ignore everything I said.

    This is not the case in Canada... In Canada you can only be "let go" for financial reasons (ie, can't afford to pay them, profits down) but you can be "fired" for something you did wrong, but it'd require you to break a company policy of some sort or a law...

    There is also the possibility that she was still on probabation, in which case, they can let her go without cause.

    EDIT: nm, that's 3 months in BC

    Proto on
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  • TrillianTrillian Registered User regular
    edited December 2006
    It sounds like the head of the company was being an asshole, and from what I've heard from other Petcetera employees, the man is, indeed, an asshole. My thinking is the best recourse for your wife would be to find a better job where she's appreciated. What city are you in?

    Trillian on

    They cast a shadow like a sundial in the morning light. It was half past 10.
  • tony_importanttony_important Registered User regular
    edited December 2006
    From what I remember from my HR classes, you can't just fire someone on the spot, unless it's just from rash insubordination. A line of progressive discipline must be followed. If your wife can prove that nothing of this nature happened, then she might have a case.

    tony_important on
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  • RuckusRuckus Registered User regular
    edited December 2006
    Additionally, I've seen a lot of Canadian companies hiring executive staff from the US. These guys think they can do anything just like in the US, where in reality, Canadian federal and provincial labour laws tend to provide a lot more protection to employees. If this is the case, smacking them with a wrongful dismissal claim may be an easy win.

    Ruckus on
  • tony_importanttony_important Registered User regular
    edited December 2006
    Ruckus wrote:
    Additionally, I've seen a lot of Canadian companies hiring executive staff from the US. These guys think they can do anything just like in the US, where in reality, Canadian federal and provincial labour laws tend to provide a lot more protection to employees. If this is the case, smacking them with a wrongful dismissal claim may be an easy win.

    Yes, they might be fast to settle if they're worried about the publicity. There's nothing wrong with using the media as a tool, especially against a company. They hate that.

    tony_important on
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  • PheezerPheezer Registered User, ClubPA regular
    edited December 2006
    If she was not in a probationary period when she was let go, it's worth filing at the labour board. I know in MB for wrongful dismissals they tend to award financial damages equal to what the employee would have earned for some X period of time, typically the duration that the employee could have reasonably expected to continue working there. One year was a common number rewarded at a call center I used to work at.

    Pheezer on
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  • CorvusCorvus . VancouverRegistered User regular
    edited December 2006
    Corvus: No, she didn't get any notice. The guy just called back and had her fired.

    Well, according to that page I linked, it looks your wife may be due a week's pay as compensation. At the very least, you should talk to the ESB.

    Corvus on
    :so_raven:
  • tony_importanttony_important Registered User regular
    edited December 2006
    pheezer FD wrote:
    If she was not in a probationary period when she was let go, it's worth filing at the labour board. I know in MB for wrongful dismissals they tend to award financial damages equal to what the employee would have earned for some X period of time, typically the duration that the employee could have reasonably expected to continue working there. One year was a common number rewarded at a call center I used to work at.

    Yes, tenure is really important in these cases.

    AND

    If she was on a probationary period, then you've got no case at all.

    tony_important on
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