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Decision At 1pm (job)

Impish

By Impish,
in General Education Discussion Board

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lisamarie

lisamarie

Posted
Posted
:grouphug:

 

I'm so sorry Imp. Is there a higher up or an outside group he can file an appeal with?

 

:grouphug::grouphug::grouphug:

 

Now get an attorney and threaten to sue. He walked into that atmosphere; he has his former supervisor and current boss as witnesses to that environment, and they are going to fire him! BS! He should sue the women who complained too, for defamation of character.

 

Ugh! Just pisses me off! :grouphug::grouphug::grouphug:

 

I think your DH should file sexual harassment paperwork against the women who were talking shockingly in front of him. And then sue. That just doesn't seem legal or ethical. To fire your DH but not the other people who were part of the conversation is wrong.

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RanchGirl

RanchGirl

Posted
Posted (edited)

I'm so sorry to hear this. It sounds like a dreadful situation. If I may make a suggestion, I would remove your description of what he did from the internet. It could be construed as an admission of poor judgment (without knowing anything about context/culture, etc.) and I can't think it would be helpful to him in the future to have this out there in the public domain.

Edited by RanchGirl
clarification
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Impish

Impish

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Posted
I hope his union is successful with an appeal for "resigned" status. It seems so wrong. You moved for this job, didn't you?

 

My heart goes out to you and especially to Wolf, who must be in an absolute pit of dispair.

Yes, we did move. For this job.

 

Resigned status does nada. Doesn't get him unemployment. Just makes it so that if he applies for another gov position yrs down the road, it won't be an automatic file 13 for his resume.

 

I don't know wtf we're going to do.

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labst60

labst60

Posted
Posted

I'm so sorry for your family.

 

I know someone who went through something similar - and I have absolutley no respect for these "ladies" that have inappropriate conversations in front of men and when the men join in the women call sexual harassment. They are doing a huge diservice to their male coworkers, as well as women (and men) who are ACTUALLY harassed.

 

I know it is of no help to you now, but I've had conversations with DH were I've STRONGLY ENCOURAGED him to not joke around in **any way** with his employees. It's such a shame, but (based on my prior experience above) you just never know and a seemingly innocent comment with a coworker you "always joke around with" can cost you your job. It's so sad - but unfortunatley, no so uncommon.

 

I am sure you will land on your feet. And I've seen in my own life, sometimes the things that seem like the **worst ever** open doors to the most amazing parts of our lives.

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Audrey

Audrey

Posted
Posted
Yes, we did move. For this job.

 

Resigned status does nada. Doesn't get him unemployment. Just makes it so that if he applies for another gov position yrs down the road, it won't be an automatic file 13 for his resume.

 

I don't know wtf we're going to do.

 

 

Forget the union appeal. He was on probation. They're only going to appeal on a CYA to make sure they can say they made action and he can't file a grievance against them.

 

What you need to do is file a wrongful dismissal with the Labour Board (whatever it's called in AB). You need serious documentation. Get him to write down every word he can recall said by any superiors. Document clearly that he was NOT given any employee handbook/HR manual/etc.

 

In the VAST majority of cases, Labour boards side with the employee over the employer, even when the employer is govt. However, be aware that govt. dismissals usually have their own scads of documentation and they did call him in prior to the meeting which they can claim was his warning. Although... the probation meant they didn't have to do that. Still, you may have a case because even probationary workers have to be given clear cause for dismissal. It is not true that they can "fire you for no reason at all." There does have to be a documented reason.

 

No guarantees this will work, of course, but you are entitled to file an appeal to Labour. There is a window of time in which you must file, so don't let the possibility slip past you. You may want to consult with your Labour board first in order to find out the filing process and appropriate contact persons.

 

Good luck.

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Susan C.

Susan C.

Posted
Posted
Forget the union appeal. He was on probation. They're only going to appeal on a CYA to make sure they can say they made action and he can't file a grievance against them.

 

What you need to do is file a wrongful dismissal with the Labour Board (whatever it's called in AB). You need serious documentation. Get him to write down every word he can recall said by any superiors. Document clearly that he was NOT given any employee handbook/HR manual/etc.

 

In the VAST majority of cases, Labour boards side with the employee over the employer, even when the employer is govt. However, be aware that govt. dismissals usually have their own scads of documentation and they did call him in prior to the meeting which they can claim was his warning. Although... the probation meant they didn't have to do that. Still, you may have a case because even probationary workers have to be given clear cause for dismissal. It is not true that they can "fire you for no reason at all." There does have to be a documented reason.

 

No guarantees this will work, of course, but you are entitled to file an appeal to Labour. There is a window of time in which you must file, so don't let the possibility slip past you. You may want to consult with your Labour board first in order to find out the filing process and appropriate contact persons.

 

Good luck.

 

:iagree:THIS is what I meant. Please try!!

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Audrey

Audrey

Posted
Posted
I think your DH should file sexual harassment paperwork against the women who were talking shockingly in front of him. And then sue. That just doesn't seem legal or ethical. To fire your DH but not the other people who were part of the conversation is wrong.

 

 

IIRC, the other people in the conversation have already left the job. The complaints were made on/during their exit interviews.

 

The fact is that IF Wolf said inappropriate sexually intoned comments, then he is wrong. Period. That is, by legal definition, considered sexual harrassment. It wouldn't matter who started it. Two wrongs don't make a right.

 

It is, however, incumbent upon the employer to PROVE that he did say those things. If he appeals to Labour, Labour will insist that the complaining parties be interviewed or appear at a hearing. If they do not show up, that is often construed as non-evidence and their complaints will no longer have bearing on the firing. The employer would have to have extensive documentation proving the comments (more than just a line or two in an exit interview), for weight to be given to the argument.

 

Of course... there is still the issue of probation and how that will factor, if it does at all, into the Labour appeal, if they choose to pursue that.

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Seasider

Seasider

Posted
Posted

I agree with all said below. If he is indeed in the right, he cannot just go down quietly. There is far too much at stake.

 

 

 

:grouphug::grouphug::grouphug:

 

Now get an attorney and threaten to sue. He walked into that atmosphere; he has his former supervisor and current boss as witnesses to that environment, and they are going to fire him! BS! He should sue the women who complained too, for defamation of character.

 

Ugh! Just pisses me off! :grouphug::grouphug::grouphug:

 

I think your DH should file sexual harassment paperwork against the women who were talking shockingly in front of him. And then sue. That just doesn't seem legal or ethical. To fire your DH but not the other people who were part of the conversation is wrong.

 

Forget the union appeal. He was on probation. They're only going to appeal on a CYA to make sure they can say they made action and he can't file a grievance against them.

 

What you need to do is file a wrongful dismissal with the Labour Board (whatever it's called in AB). You need serious documentation. Get him to write down every word he can recall said by any superiors. Document clearly that he was NOT given any employee handbook/HR manual/etc.

 

In the VAST majority of cases, Labour boards side with the employee over the employer, even when the employer is govt. However, be aware that govt. dismissals usually have their own scads of documentation and they did call him in prior to the meeting which they can claim was his warning. Although... the probation meant they didn't have to do that. Still, you may have a case because even probationary workers have to be given clear cause for dismissal. It is not true that they can "fire you for no reason at all." There does have to be a documented reason.

 

No guarantees this will work, of course, but you are entitled to file an appeal to Labour. There is a window of time in which you must file, so don't let the possibility slip past you. You may want to consult with your Labour board first in order to find out the filing process and appropriate contact persons.

 

Good luck.

 

IIRC, the other people in the conversation have already left the job. The complaints were made on/during their exit interviews.

 

The fact is that IF Wolf said inappropriate sexually intoned comments, then he is wrong. Period. That is, by legal definition, considered sexual harrassment. It wouldn't matter who started it. Two wrongs don't make a right.

 

It is, however, incumbent upon the employer to PROVE that he did say those things. If he appeals to Labour, Labour will insist that the complaining parties be interviewed or appear at a hearing. If they do not show up, that is often construed as non-evidence and their complaints will no longer have bearing on the firing. The employer would have to have extensive documentation proving the comments (more than just a line or two in an exit interview), for weight to be given to the argument.

 

Of course... there is still the issue of probation and how that will factor, if it does at all, into the Labour appeal, if they choose to pursue that.

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idnib

idnib

Posted
Posted

What Audrey said. Write down everything he can remember and check time windows for filing complaints.

 

I wonder if they don't have a manual or if he just wasn't given a copy.

 

I'm so sorry. I remember as if it was yesterday 4 years ago, with a new baby, when my DH called me to tell me he had lost his job. I was standing in my friend's driveway and somehow had to load up the kids and drive home. I was numb. Now he loves his new job, walks to work, and is making more money with better coworkers. Hang in there.

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Truscifi

Truscifi

Posted
Posted
Forget the union appeal. He was on probation. They're only going to appeal on a CYA to make sure they can say they made action and he can't file a grievance against them.

 

What you need to do is file a wrongful dismissal with the Labour Board (whatever it's called in AB). You need serious documentation. Get him to write down every word he can recall said by any superiors. Document clearly that he was NOT given any employee handbook/HR manual/etc.

 

In the VAST majority of cases, Labour boards side with the employee over the employer, even when the employer is govt. However, be aware that govt. dismissals usually have their own scads of documentation and they did call him in prior to the meeting which they can claim was his warning. Although... the probation meant they didn't have to do that. Still, you may have a case because even probationary workers have to be given clear cause for dismissal. It is not true that they can "fire you for no reason at all." There does have to be a documented reason.

 

No guarantees this will work, of course, but you are entitled to file an appeal to Labour. There is a window of time in which you must file, so don't let the possibility slip past you. You may want to consult with your Labour board first in order to find out the filing process and appropriate contact persons.

 

Good luck.

 

:iagree: This is what dh said too, though we weren't sure how you would go about it in Canada. But I would definitely at least try!

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Audrey

Audrey

Posted
Posted (edited)

Another thought.... was he employed by the same gov dept immediately prior to this position? If so, you may be able to challenge the probationary restriction as the new job may be categorized as a transfer rather than a new hire. In which case, you can also use that in your complaint as an item of misjudgment against the employee (telling him and treating him as if he were probationary, when in fact he was not and should not have been classified as such).

 

ETA: Is his union CUPE, or UNE, or ??

Edited by Audrey
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catz

catz

Posted
Posted
:grouphug::grouphug::grouphug::grouphug: That is so wrong, and honestly I have to wonder if there's more to the story than meets the eye. I have a friend who got fired because of a similarly trumped up charge and it emerged later that there was a power struggle going on in senior management and the winner was looking for excuses to get rid of those deemed to be loyal to the loser :glare:

 

:iagree: I am absolutely shocked that he was fired. I'm so, so sorry! :grouphug:

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