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wrongful dismissal

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heyimgood

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Sep 3, 2008, 5:44:16 PM9/3/08
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Just wondering if someone can be fired over a death?

My friends employer fired them because work was missed
over the death of her dog. The employer claimed he left her stuck
without a qualified person being on site. She had the animal for 10
years and it was a big part of her life like losing a family member.

Is there anyone that we can contact over this? What steps
should she take? Now being at her job for 10 years this will not look
good on her record of employment. He has ruined her now and I was
wondering if its worth seeking legal action.

jason

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Sep 3, 2008, 5:48:05 PM9/3/08
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Dog is not a family member, although most employers might show sympathy,
they are not required to in the case of a family pet.

A reprimand might have been better, but maybe she was already on thin ice,
who knows.

If anything she should have have she was taking stress leave.


"heyimgood" <tract...@hotmail.com> wrote in message
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Khris

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Sep 3, 2008, 7:21:16 PM9/3/08
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Yup, pets are not considered "family members" as far as employement
benefits are concerned and an employer is under no obligation to
provide time off.

If the employee has vacation time available, that could be used based
upon employer approval.

In other words, your friend caused her own problem and has no legal recourse.

Forensics21

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Sep 3, 2008, 8:49:05 PM9/3/08
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In my opinion pets should be consideredfamily members but animal rights
legislation is far from this occuring.

I would rather quit or be fired than not be there for my pet in it's last
hours.

but that is my personal opinion.

your friend has no reason to seek legal action as much as she morally should
there is no legal reason why she couldn't be fired.


Clint

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Sep 3, 2008, 8:51:43 PM9/3/08
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You can check out
http://employment.alberta.ca/cps/rde/xchg/hre/hs.xsl/999.html and
http://www.hrsdc.gc.ca/en/labour/employment_standards/index.shtml. I'm with
the others, though... Much as a dog might feel like one of the family, it's
not. Where would you draw the lines? Is the death of a cat grounds for
leave? A hamster? A fish?

However, I also suspect there's more than meets the eye here too... In
today's labour market, especially here in Alberta, good employees are rarely
let go without good reason. How many days off did she take? Did she phone
in and talk to them first? It does appear, however, that unless there's a
history of bad behaviour (with opportunities for improvement provided), it
may be dangerous for an employer to let someone go for a single incident.
So if she feels really strongly about it, she could file a complaint of
unjust dismissal without even involving a lawyer. If nothing else, she
might be able to work out a deal with her last employer so her departure
doesn't come across as a black mark on her history. Get them to agree to
following the federal government guidelines for references, which seems to
simply confirm that the person worked there from time period A to B.

Clint

"heyimgood" <tract...@hotmail.com> wrote in message
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ViperMods

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Sep 4, 2008, 7:49:28 PM9/4/08
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On Sep 3, 6:51 pm, "Clint" <cneuf...@mysocks.shaw.ca> wrote:
> You can check outhttp://employment.alberta.ca/cps/rde/xchg/hre/hs.xsl/999.htmlandhttp://www.hrsdc.gc.ca/en/labour/employment_standards/index.shtml.  I'm with

> the others, though... Much as a dog might feel like one of the family, it's
> not.  Where would you draw the lines?  Is the death of a cat grounds for
> leave?  A hamster?  A fish?
>
> However, I also suspect there's more than meets the eye here too... In
> today's labour market, especially here in Alberta, good employees are rarely
> let go without good reason.  How many days off did she take?  Did she phone
> in and talk to them first?  It does appear, however, that unless there's a
> history of bad behaviour (with opportunities for improvement provided), it
> may be dangerous for an employer to let someone go for a single incident.
> So if she feels really strongly about it, she could file a complaint of
> unjust dismissal without even involving a lawyer.  If nothing else, she
> might be able to work out a deal with her last employer so her departure
> doesn't come across as a black mark on her history.  Get them to agree to
> following the federal government guidelines for references, which seems to
> simply confirm that the person worked there from time period A to B.
>
> Clint
>
> "heyimgood" <tractor...@hotmail.com> wrote in message

>
> news:f507411d-6466-476e...@a2g2000prm.googlegroups.com...
>
>
>
> >             Just wondering if someone can be fired over a death?
>
> >             My friends employer fired them because work was missed
> > over the death of her dog. The employer claimed he left her stuck
> > without a qualified person being on site. She had the animal for 10
> > years and it was a big part of her life like losing a family member.
>
> >        Is there anyone that we can contact over this? What steps
> > should she take? Now being at her job for 10 years this will not look
> > good on her record of employment. He has ruined her now and I was
> > wondering if its worth seeking legal action.

A little outside the box thinking!:
One could just go get a doctors note stating that the person be
excused from work due to emotional distress and that person needs time
off from work
Then its a documented medical condition therefore the person could not
be fired and it may be potentially classified as wrongful dismissal if
the boss does not retract the pink slip (firing)
Cheers

PV

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Sep 4, 2008, 10:10:59 PM9/4/08
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Yes, most medical professionals enjoy being involved in fraudulent
activities. Writing a retroactive diagnosis and letter would be a joy for
most MDs.


--
PV

Do not compute the totality of your poultry population before the
manifestations of incubation have ceased.

William Jennings Bryant


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