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Possibly suing my previous employer!

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eds1275:
So it comes to this!

   I'll take a long story and sum it up. I will not use the company's name, as much I would loooooove to smear it in poop.

   I worked for a company for 2 years, working "part time". As in I'd check my email at 7am to see if I had to work at 8. Some weeks I'd work 20 hours - some I'd work 70. I was told I'd be paid X number of dollars, and instead I was paid less and they kept making excuses and blaming the accountants and stuff. I worked in a fancy building where the sound guys were contracted out so even though I knew everyone in the office, they weren't with my company. The head office is on the other side of the province. Well on the last day of June I was told that I was being laid off - on July 2nd. July 1 is a holiday here in Canada. So I took my last day and was told that I would be called back in October.

   2 weeks later I get my Record of Employment stating that because there wasn't enough work available that I wouldn't be called back at all. Middle of September I run into one of the hot office ladies and she asks why I didn't take the job back - because that's how the story goes around the office apparently. They have since hired 4 part-timers to replace me.

   I gathered all my "evidence" [remember, I got emailed everything, and kept it all] and brought it to a lawyer today. I printed out Employment Standards Act and highlighted almost half of it and wrote down specific cases where the law had been broken. They say it looks good for me, but are going to look it all over more carefully in the coming days and get back to me. They say it's best to bring it all to the table first and try to "scare" a settlement out of court.

   You're probably thinking why did I keep this job when they treated me so poorly? Well the answer is simple - I enjoyed the work. The company was rotten to the core but the work was good. Anyway, wish me luck.
 

amendonz:
Good luck sticking it to the man.

HanoiBoi:
But what are you suing for?  Are you suing for possible work lost since they didn't ask you back?  Are you suing for defamation of character (them spreading word that you refused the job?)

They told you that they'd call you in October, but that's not a guarantee right?  Even if that was a case, October passed just 17 days ago.  That's just 13 weekdays away.  Are you thinking they owe you money for those days?  And if so, would that be for 20 hours per week, or are you thinking 70 hours per week?  I imagine the cost of a lawyer wouldn't even cover that.

I don't know all the details, but from what you've written I'm pretty sure you wouldn't have any kind of case here in the US.

Still, I wish you luck.

eds1275:
I'm suing for the difference in pay [what they said I would be making VS what they actually paid], the severance I am owed [for terminating my employment with no notice], and some extra compensation for all the laws they broke as outlined in the employment standards act. In Canada it's illegal to tell an employee there's no work for them and then to hire replacements. Also, I know the place I used to work is extremely busy as they post their calendar online.

It's unfortunate to hear that where you live companies can get away with screwing over their employees. Or maybe it's just that most people don't stick up for themselves.

AtomSmasher:
I can see making a case for not paying you the correct amount, although it seems really late for you to make a case for that since you've been working there for 2 years.  I've never heard of a part-time employee getting severance pay, in fact a lot (most?) jobs say in the employee handbook that even full time employees can be laid off at any time for any reason.

Did they hire the new employee's immediately after they laid you off, or were they actually low on work at the time they fired you and just lied about why they wouldn't hire you back?

From what you've written, it sounds like you're pissed off that the company gave you a bogus reason for not re-hiring you, so you're suing them for things you gave them a pass on previously.

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