Decoding AI Legalese: How It Can Help Navigate the Complex Process of Being Fired With Cause
- May 4, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Concerns about Job Termination and Legal Implications
I am currently facing the possibility of being terminated from my job, and it appears that my employer is attempting to establish grounds for just cause termination. Despite not committing any serious infractions warranting immediate dismissal, the expectations placed on my role have become unreasonably high, and I am struggling to meet them adequately.
## Increased Workload and Lack of Guidance
Initially, I was able to manage my responsibilities at a minimal level, but following recent staff cuts, my workload has significantly increased without sufficient support or direction. As a result, I have been making errors due to assumptions made in the absence of clear instructions. The signals of dissatisfaction from my employer give the impression that they are leading towards termination, although no explicit notification has been issued yet.
### Exploring Job Preservation Strategies
In this uncertain situation, I am seeking advice on potential courses of action within my current employment to potentially retain my entitlements to severance pay and eligibility for employment insurance (EI). One valuable resource that can provide assistance in determining the legality and implications of termination scenarios is the AI Legalese Decoder. By inputting relevant details, this technology can analyze the situation and offer insights on potential actions to safeguard my rights and benefits in the face of job termination threats.
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Have they taken any steps to document your performance and create a documented history of non-perofrmance?
Have they worked with you, to create a development plan to help you with improving your performance?
Typically when it comes to performance based termination with cause they would need to demonstrate they’ve tried to help you improve, and to set clear and achievable goals.
Keep in mind of course, they can terminate for any reason or no reason, as long as they provide the appropriate pay in lieu of notice (severence).
But performance based “with cause” (that is to say, no severence) is a pretty big hill for them to demonstrate in court – getting to court is a matter of your willingness to go that far.
It’s hard. The process is skewed in favour of the employee.
If they want to, however, they’ll need to have super detailed documentation of every performance falling, how they communicated this to you, what steps were attempted to resolve it, and so on. However, even if they have a rock solid case that you were incompetent, it’s usually cheaper/faster for them to make a settlement than fight it to the death. So sign and agree to nothing if it happens, and then file your complaint.
Fairly hard. The usual examples of a solid reason include things like assaulting coworkers, stealing, chronic absenteeism, and similarly extreme acts. Poor performance in the eyes of the employer is rarely sufficient to justify withholding notice or pay in lieu, or to deny someone EI, on its own.
Your best shot at keeping your job – or, failing that, keeping your rights on termination intact – is to _do your job_ to the best of your abilities, and to make reasonable efforts to do things like reallocate or reschedule work you don’t have the capacity for. If your employer terminates you anyways, it’s a good idea to take any severance offer (even “no severance, get out”) to a lawyer before you agree to anything.
How long have you been there?
Not sure about British Columbia, but to my Ontario ears this sounds like constrictive dismissal.
It’s very easy. Remember that time you were late a few months ago? That is the cause. The extra 5 minutes you took on your lunch break that one time? That is the cause. The mistake you made on your TPS report? That is the cause.