Employment Law - A Christmas Case of Wrongful Dismissal

Employment Law - A Christmas Case of Wrongful Dismissal

An attorney specializing in employment law came to my aid at 8a.m. one December morning shortly before I went into work knowing that I would be escorted out of the building. It was a week before Christmas.

I had worked as the assistant to the president of a media company for 17 months. I had never received a compliment, complaint or review.

Because of my position I was privy to confidential information involving the company's financial difficulties and legal proceedings. My relationship with my employer was strained because I requested permission for flexible summer hours to teach a course. My employer allowed the flextime but considered my other interest disloyal. I was stressed by my knowledge of impending layoffs, bored with the monotony of the job, and lonely as a New Canadian without family.

When I learned that the company could not make payroll, I asked my employer to lay me off. My employer responded that I was too valuable. A month later, depressed, I considered suicide.

My doctor gave me on a 6-week medical leave. When I informed my employer, I was asked if I had landed another job. Because I could not explain the nature of my illness, I was considered a liar. Truth was, I could not function.

We agreed that I would phone in two weeks with my progress. My doctor would not release me. My employer said, "Take as much time as you need. There will be a position for you when you return."

The day before my return, a senior administrator called me at home to say that I would be fired and that I had been replaced. I phoned a friend who called a lawyer who specialized in employment law.

The lawyer phoned me at home minutes before I needed to leave for work. She advised me to say nothing, that I would receive a written termination notice and to call her as soon as I got home.

The termination notice stated that someone more suitable for the position had been found. The company offered me two weeks' severance.

My lawyer questioned me, took notes, drafted a letter, reviewed it with me and emailed it the following day. She calculated what my severance should be based upon my salary. It was not much but it was more than the company offered and I wanted the suit settled.

She settled my wrongful dismissal Christmas Eve, adding that her fee was waived as a gift to my friend who had called her.

My lawyer, whose expertise was employment law, was professional, direct and responsive. We concluded the case without meeting. The flowers I sent could not express my gratitude.

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