Termination

General volunteer firefighting discussion.
highgrader
Posts: 2
Joined: Wed Dec 31, 1969 7:33 pm

Termination

Postby highgrader » Tue Aug 04, 2015 9:00 am

I have been an active volunteer for 9 years and have climbed to the rank of deputy chief. I recently received a termination letter effective immediately, with no reasons why. Using the towns by-laws I asked for a hearing and I am being denied a hearing. I honestly don't know what is going on other than the town's CAO is personally prejudiced against me and the administrator is his puppet and I feel they misled the town council into this decision. I am wondering, where do I go from here?

infernobuster
Posts: 508
Joined: Wed Dec 31, 1969 7:33 pm

Postby infernobuster » Tue Aug 04, 2015 11:00 am

Talk to a lawyer and stop posting on here.

A lawyer will be able to get to the bottom of it all, and potentially get you a settlement.
All men are created equal, a few become fire fighters.

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FLASHOVER05
Posts: 2238
Joined: Wed Dec 31, 1969 7:33 pm

Postby FLASHOVER05 » Tue Aug 04, 2015 2:45 pm

[quote=""infernobuster""]Talk to a lawyer and stop posting on here.

A lawyer will be able to get to the bottom of it all, and potentially get you a settlement.[/quote]

He's bound to spend more on a lawyer than receive back in a settlement or through a volunteer stipend.

have you done your duty as an employer, followed all rules and regulations or provided safe working environment for your workers?

Do you have any complaints logged against you or previous letters of action on file? From my view and limited information you may be just plain out of luck!
How the hell did I end up here?????

infernobuster
Posts: 508
Joined: Wed Dec 31, 1969 7:33 pm

Postby infernobuster » Tue Aug 04, 2015 4:14 pm

Clearly without knowing all the details of where this person was employed by, he could easily put a lawyer on retainer and go after them.

If he/she was let go and there was nothing leading up to that, they will have a good case.

If unsure look at what happened in Pusclinsch twp within the last few years.
All men are created equal, a few become fire fighters.

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hmckay91
Posts: 420
Joined: Wed Dec 31, 1969 7:33 pm

Postby hmckay91 » Tue Aug 18, 2015 2:44 pm

[quote=""highgrader""]I honestly don't know what is going on other than the town's CAO is personally prejudiced against me and the administrator is his puppet and I feel they misled the town council into this decision. I am wondering, where do I go from here?[/quote]

1) I would hazard a guess that there is a backstory... and I have observed some nasty small town politics related to the fire service.

2)
An employer generally can terminate the employment of an employee in two different ways: (i) without cause; or (ii) for cause.

An employee who has been terminated without cause is a presumed to be entitled to reasonable notice of dismissal. The employer is not required to prove that the employee did something wrong to justify its decision to dismiss the employee. Instead, the employer is merely exercising its right to end the employment relationship.
Your termination letter should have identified which of these it was. Being a volunteer there likely would not have been any financial obligation on the municipality for not giving reasonable notice.

3) As for moving forward would you want to continue to work there even if any dispute resolution, negotiation, management change, or legal procedure got you your position back?

4) If its a hill you want to die on, use whatever municipal government act that applies to get your hearing (municipality not adhering to its bylaws) but bear in mind they don't have to provide justification for "without cause".

Other than that you could pursue wrongful dismissal or negligent municipal management but that goes back to point 3)
There's never time to do it right but always time to do it over.

highgrader
Posts: 2
Joined: Wed Dec 31, 1969 7:33 pm

Postby highgrader » Tue Nov 10, 2015 1:22 pm

Thanks for the replies. I chose to go down the road of the Employment Standards Act. Strange thing is all I am asking for is to have my hearing and the CAO is spending a major effort to prevent it. Like always there is a backstory but to paraphrase it, small town politics.

My fight isn't as much for myself as I don't think I would return if reinstated. I am fighting for the rest of the guys who had their honorariums refused for no reason, other than small town politics.


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