Employment Discrimination Suit

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wondering1

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So, I had an employer verbally promise me a permanent job, if I stayed with him on on call basis. Because of this promise, I passed a few job offers(mostly contract jobs, which would probably have turned into permanent ). When permanent jobs opened up, he gave most of the jobs to friends and other people(I assume they all know each since they are from the same part of the world). This pisses me off to no end. I mean, he even wrote a stellar reference for me beforehand(before the permanent jobs come out). I am not sure if I have case against this person. I mean he can easily say, I did not promise him anything or I gave the job to the best person whom I interviewed. I guess the only thing I have going for me is that there was a recent investigation launched against this person. But the company cleared him of any wrong doing. The complaint was in regards to this employer verbally abusing the daughter of an employee. But he was cleared of any wrong doing. I do have an e-mail where he makes a slight reference about how we discussed there were going to be these kind of jobs openings, but in that e-mail he doesn't say anything that really lends weight to my case. Do I have a case? How hard it is it to win these kinds of cases? Oh by the way, I live in Canada, Ontario.

Thanks
 
Implied employment contract

Definition: An implied employment contract is one that is inferred from comments made during an interview or job promotion, or from something said in a training manual or handbook. While implied contracts are difficult to prove, they are binding.


After an interview, an employer offered me a job if I worked with him on a contract basis. I did work with him on a contract. But when the permanent job opened up, he interviewed me but did not offer me the job, as agreed upon. How difficult is it to win this kind of lawsuit? All I really want is the job I was promised, but preferably in another branch. What do I have to prove to win my case?

Please help me.

Thanks
 
Implied contracts are extremely difficult to prove. You would have to document the conversation(s) in some tangible way, such as an offer letter (which is not a contract), specific email exchange, etc. You also have to demonstrate a specific loss. All your employer will have to demonstrate that your were not qualified for the job which very well may be the case.

This sort of thing happens all the time. You need to ask yourself if you want to continue working for him. If you pursue a lawsuit, it's unlikely that your damages will be greater than your legal fees. Additionally, you will tagged as untrustworthy, which could make it difficult to be hired in your community.

My advice is to go to your employer and ask him why you were passed over, focusing your discussion on your performance. He may find it better for him financially if you stay on as a contract employee as you are not entitled to benefits (for each employee that is hired, an employer can expect to pay about ~28% of the salary in the form of benefits). In this economy, many employers are hiring this way to meet their staffing needs.

An important lesson here is to get everything in writing.
 
I'm not an expert in Candian law, but in most places a writing is not necessary for proving a promise or a contract. And that's exactly what you have here -- a contract issue. A writing certainly makes it easier to prove a promise, though.

It sounds like you have some circumstancial evidence in your favor, like your passing on other jobs and the reference. But is there anything else you can think of it that might help prove the promise of a job? If not, then you might have a tough time winning or even gaining any leverage on your employer.

It is worth noting that employment laws are much tighter in Canada than they are in the States. You don't have the same at-will employment relationship there that makes you terminable at the slightest whim, so it's not like you don't have rights. The best thing to do -- if you are serious about pursuing this -- is to talk to an employment lawyer in your area. (And then he will ask for a retainer, and you'll run straight out of his office. =D)
 
Yeah it is me, sorry about the double thread, thanks for merging.


I have an e-mail from him, but all it says is there was a discussion between us pertaining to the permanent job. Nothing really further... I am hoping that, coupled with the reference he provided, and also the fact he made me do specific assignments that only permanent employees are only certified to do, would be enough?

Also, how much do employment lawyers cost?
 
The tricky part is that the OP was interviewed for the position, which shows that he was under consideration and evaluated like the other candidates but someone else was hired.
 
don't waste your time, you don't really have a case. From a purely legal standpoint, you would likely have an action in breach of contract or fraudulent misrepresentation. From an evidentiary standpoint, you're pretty much fucked.

your best bet: call the legal clinic at your local law school, if you are in a city in Ontario that has one. they usually have students who are supervised by an actual lawyer who will be more than happy to look into it for you for free, if they are available. this is exactly the kind of case they take too.
 
Yeah it is me, sorry about the double thread, thanks for merging.


I have an e-mail from him, but all it says is there was a discussion between us pertaining to the permanent job. Nothing really further... I am hoping that, coupled with the reference he provided, and also the fact he made me do specific assignments that only permanent employees are only certified to do, would be enough?

Also, how much do employment lawyers cost?

More than you make, I'm sure!

This has happened to me, and it's happened to people I know as well. My advice is to let it go and start looking for other employment. Remember, you'll need his reference.
 
In Australia they have free concilliation services for situations like this, unfair terminations, underpayment etc. The idea is that 'alternate dispute resolution' (as in 'alternate to court') reduces a lot of the burden on the legal system and gives employees/employers a chance to have their situation addressed without the expense of a lawyer.

I guess an appropriate analogy would be that it's kind of like 'Judge Judy' except the 'judge' is a highly trained and experienced workplace lawyer as opposed to a snarky, ignorant bitch. :D

Google 'workplace mediation', 'alternate dispute resolution', 'unfair dismissal mediation' or similar terms for your local jurisdiction.
 
There's no way in hell you have anything close to a case.

For Employment Discrimination to even take place (according to the law, that is), you have to have been discriminated against because of to race, color, religion, sex, national origin, age, or physical disability. You can't sue someone because you think they hired their friends when their friends may or may not have been better suited for the job than you. & a promise isn't legally binding; contracts exist for a reason.
 
Yeah it is me, sorry about the double thread, thanks for merging.


I have an e-mail from him, but all it says is there was a discussion between us pertaining to the permanent job. Nothing really further... I am hoping that, coupled with the reference he provided, and also the fact he made me do specific assignments that only permanent employees are only certified to do, would be enough?

Also, how much do employment lawyers cost?

If you have a strong enough case you usually don't have to pay your lawyer anything up front; instead of paying the lawyer by the hour or something, they get paid by getting usually somewhere around one-third of the total amount of money you get from the suit. However, obviously if you don't win the case your lawyer doesn't get anything, & therefore a lawyer won't take a case on contingency if they're not pretty damm certain that they'll/you'll win, which no lawyer would feel about your "case"...

So, assuming you'd be paying a lawyer by the hour, it would probably cost you roughly a few hundred dollars an hour.
 
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