My friend called me this morning and said that she got fired today. A few weeks ago she started this new job and things were shady from the jump. The on-boarding was 24h, the HR department wanted her to start working as soon as possible. She told them that she had another job, but they insisted that she start working with them at the last minute. Unfortunately, it meant she had to quit her job without notice (I knew this was a mistake but my friend is an honest person to a fault). After the on-boarding, she started working without a formal letter of offer. Then, the salary posted on the job posting was not the salary given to her. In fact, the pay was lower than what was advertised. My friend needed an income so she kept working.
After all of this today she goes to work they tell her that she was fired because there is not enough work. Apparently, probation is supposed to last three months but she got fired they did not talk about her job performance at all. I am not sure if this may provide context, but her position was unionized. They even confirmed that it was going to be a permanent position. What are her next steps? We could use all of the advice we can get.
Main Legal Issues:
Wrongful termination
Breach of contract
Misrepresentation
Questions Answered:
What are her next steps? Your friend should consider seeking legal advice to determine if she has a case for wrongful termination or breach of contract. Given the circumstances you described, it seems like there may have been misrepresentations made during the hiring process. She should gather all relevant documents such as the job posting, any communication with HR, and any other relevant information to present to a lawyer. Depending on the specifics of her situation, she may be entitled to compensation for lost wages, damages, or reinstatement.
Potential Strategies:
Review Employment Contract: If your friend signed any employment contract or agreement, it is crucial to review the terms and conditions outlined in it. This document will be essential in determining if there was a breach of contract by the employer.
Document Everything: Encourage your friend to document all interactions with the employer, including emails, messages, and any other communication that may be relevant to her case. This will help provide evidence to support her claims.
Consult with a Lawyer: Seeking legal advice from an employment lawyer who specializes in wrongful termination cases is crucial. A lawyer can assess the situation, advise on the best course of action, and represent your friend in any legal proceedings.
Things to Discuss with a Lawyer:
Legal Rights: It is important for your friend to discuss her legal rights with a lawyer to understand what options are available to her. A lawyer can explain the relevant employment laws and how they apply to her situation.
Potential Remedies: A lawyer can help your friend understand the potential remedies available to her, such as compensation, reinstatement, or other forms of relief.
Union Representation: Since her position was unionized, discussing the situation with her union representative may also be beneficial. They can provide guidance on how to proceed and may offer additional support.
Always consult with a lawyer.
#legalfocusai #legaltech #canada
http://advisor.legalfocusai.com/Scenario_Navigator