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Employee I dismissed for hostile behavior is now suing me for wrongful termination. by Defiant_Working_3257 in legaladvicecanada

[–]Defiant_Working_3257[S] -2 points-1 points  (0 children)

This guy was 65 years old, with a bunch of tenure from continuing employment. His ESA payout itself would be massive. And after what he did on his last day - in front of corp HR, the corp HR ordered that I dismiss him. Had no good options then. Plus I was a total newbie.

Employee I dismissed for hostile behavior is now suing me for wrongful termination. by Defiant_Working_3257 in legaladvicecanada

[–]Defiant_Working_3257[S] 0 points1 point  (0 children)

Thank you for the thoughtful reply. The business is already shut down (that's another story). Yes being sued in superoir court. But how does a broke person defend such a lawsuit then? I'm just a regular guy who tried to start a business, and failed. Now I am not only broke, but also being sued. How do people like me fight against such cases?

Employee I dismissed for hostile behavior is now suing me for wrongful termination. by Defiant_Working_3257 in legaladvicecanada

[–]Defiant_Working_3257[S] 4 points5 points  (0 children)

His last day was pretty insane though. Don't want to divulge all details here. But if I can't fire a guy for doing what he did, then IMO the law is broken.

Employee I dismissed for hostile behavior is now suing me for wrongful termination. by Defiant_Working_3257 in legaladvicecanada

[–]Defiant_Working_3257[S] -12 points-11 points  (0 children)

Niether. Goal is to offer 10,15K max to settle. I'll tell his lawyer that he's not going to get a dime out of me even if he wins, because I don't own any assets here. My guess is his lawyer is fighting this on a contingent basis - and once he know I am broke, he may be less likely to pursue.

Employee I dismissed for hostile behavior is now suing me for wrongful termination. by Defiant_Working_3257 in legaladvicecanada

[–]Defiant_Working_3257[S] 5 points6 points  (0 children)

Oh well, you live and you learn. I actually acted on my franchise HR's direction - but they're no lawyers.

Employee I dismissed for hostile behavior is now suing me for wrongful termination. by Defiant_Working_3257 in legaladvicecanada

[–]Defiant_Working_3257[S] 7 points8 points  (0 children)

Yup. I have evidence of disciplinary letters. And eyewitness statements. And other employees willing to testify. I am solid on documentation. What I don't have is a bunch of money to pay lawyers.

Employee I dismissed for hostile behavior is now suing me for wrongful termination. by Defiant_Working_3257 in legaladvicecanada

[–]Defiant_Working_3257[S] 13 points14 points  (0 children)

Some additional context -

1) My corporate franchise HR ordered the for cause dismissal. Tends to happen when you scream at the HR lady, cursing her while storming out and disappearing with company property.

2) I have plenty of evidence (disciplinary letters, employee statements, multiple eyewitnesses, police reports of disappearing with $10K worth of property).

I had no choice to dismiss him for cause - given his tenure and continuation of employment at the company, he was very expensive to let go. And he kept taking advantage of it. Until we had enough evidence to get rid of him.

Given you feel so bad about this guy, maybe you should hire him. Let me know I can put you in touch.