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  1. #1
    Join Date
    May 2005
    Location
    Canada
    Posts
    2

    Default Wrongful Termination Issue In Court

    I would like your opinion on whether I should take two issues to the Judge in Chambers regarding my case. First I will fill you in on abit of what happened.

    I was wrongfully accused of starting a strike by the union executive, consequently the harassment and stress that I endured put me off on stress leave for 10 months. I had been an excellent employee for over 10 years not a black mark on my employee file. I filed a complaint with the National Union office about this allegation the union executive made. Then my employer called to ask me for more medical documentation to satisfy the union. I provided her with that, however 2 months later I received a letter from the employer, come back to work or resign or be fired. The rule was I had to give medical documentation to return to work, which my doctor would not give. Consequently the union went in to have my job posted and I was fired.

    Since then I have filed a suit with the Civil Court and now we are in the process of trying to retrieve documents from the other side. I am self representing, because I have no money for a lawyer and no job since my reputation has been tarnished from this dismissal.

    During a conference call with the Judge , the opposing lawyer said he would not give me some information. The Judge advised me make an application and present my reasons why I want this information in Chambers, however he told me if I lose, I have to pay costs.


    So my questions are:

    First of all I wanted the medical files of one of the executive to prove she indeed was off over 3 years on a disability and came back to work and was not fired. This will allow me to show time frames, sick time policy not followed in the same manner for me and also unfair representation on the part of the union. Do you think these are legit reasons for wanting to obtain this medical file?

    Second, I was wrongfully accused of starting a strike that was legal. I was harrassed, blamed, ridiculed etc. even though I did not do it. They know who did it now. So the other document I asked for which they will not give is a copy of the minutes to their union meetings, this will allow me to show they did indeed had an Illegal walkout and nothing was done to the people who started this. There was no blaming, no harrassing etc. So this will show discrimination. Do you think this is relevant in my case? Or should I not bother to take this to Chambers?

    Your advice is greatly appreciated.

    Thank You
    Jan

    PS: The union refuses to take my wrongful dismissal grievance to arbitration even though I supplied them with a legal opinion stating they would win the case. The will not do it because they were the ones who went in to have my job.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Wrongful termination claim

    Normally, it should be possible to get a lawyer to assist with a wrongful termination claim on a contingent fee basis, meaning that you don't have to pay an attorney fee unless you win. I suggest you explore retaining counsel on a contingent fee basis.

  3. #3
    Join Date
    May 2005
    Location
    Canada
    Posts
    2

    Default

    Thank you, however the lawyers in this area only take insurance cases like that, I have called several and they all want a big retainer so that is out.


    Thank you anyway.

    Janice

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