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Dogs Expert
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Aug 27, 2013, 09:08 AM
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Human Rights
I have a compliant against a company that fired me in 2010. They have now decided they want to consider a settlement. I have no clue on what to ask for. This is in Canada AB to be exact.
Some info I feel that may be helpful:
1. I was making $13 an hour at that job with full benefits.
2. I went on Employment Insurance after being fired. (55% of my wages).
3. I have finally been able to get back into kitchen work this impacted my career in working in kitchens. I had to take any job I could get... McDonalds, dish washing etc.
4. I was on EI and working at my old job as a Dishwasher at the same time (was claiming all hours worked). It was part time and they had no line work available for me. I then started at Mcdonalds and worked there.
The gentleman handling my case wants me to figure out what I want to ask for and how I came about it. I am unsure how much is reasonable I have no idea. I don't know if one month wages is too low or too much.
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Computer Expert and Renaissance Man
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Aug 27, 2013, 09:35 AM
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What is the nature of the complaint? Are you saying you were wrongfully terminated or what?
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Dogs Expert
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Aug 27, 2013, 09:39 AM
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I am saying I was terminated due to my BPD. If they don't accept my settlement offer what I was told the man in charge of the case goes over the evidence and then decided on if I was fired legitimately or not. If not then he attaches a monetary amount to the claim. The company is not admitting fault but offering the chance to negotiate a settlement.
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Uber Member
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Aug 27, 2013, 09:43 AM
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For your settlement from what you have said I would take 45% of $13. And multiple it by the hours you feel you have missed due to being fired. But your attorney should be the one to work with you on an amount because he will be able to figure if you can get more than what you would expect.
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Dogs Expert
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Aug 27, 2013, 09:44 AM
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I have no attorney. This is a branch of the government that handles this. I was told no need for one as there is no court case.
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Computer Expert and Renaissance Man
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Aug 27, 2013, 09:48 AM
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I would figure out how much you would have earned between when you were terminated in 2010 and now. Subtract from that, how much you have earned from other jobs in the meantime. Then ask for 50% of that figure as a settlement.
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Dogs Expert
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Aug 27, 2013, 09:50 AM
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Thank you both. Glad I keep all income tax records as I can go by that.
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Uber Member
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Aug 27, 2013, 09:52 AM
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Keep in mind that McDonalds tends to pay less than $13. An hour so you have to figure that difference in as well.
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Dogs Expert
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Sep 17, 2013, 02:40 PM
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I kind of followed your advice and also my brother in laws. I went for the difference between what I made and would have made with a raise factored in 2years in. The guy handling my case called today and explained that I was reasonable in my request but they turned it down. It was how they would have figured it out.
He explained how I would win only if the evidence proved they knew about my disability. I have nothing in writing just one witness. Sometimes the truth means nothing if you can not prove it.
I have also learned that when you get a write up do not sign it unless you put your version of the truth on it. It is considered that you agree with what they are saying. I did not know that is why I was signing it. I had been told this is saying we discussed it with you.
I sent out a counter proposal to them for 1/2 of what I was asking. If they refuse that then I will have to just allow human rights to make a decision. At least I know I was truthful and fought for my rights, even if I don't win.
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