REVscene - Vancouver Automotive Forum

to0n · 09-02-2009, 07:44 PM

Question/story:

I was attacked by another employee while working. This person had a drug problem and took it out on me (random attack) I defended myself by pushing him away and kicking him. I reported this to first aid and my boss right away. I suffrerd 2nd degree burns when he pusheed me against a 300 degree piece of metal that just came out of the oven for heat treatment. I also was hit on the side of the head.

We were both sent home for the day. When I got home I made a claim with wcb and filed a police report. the next day both of us were fired from work for "just cause". Wcb accepted my claim the following week. My old employer appealed the decision saying they should not be held responsible because we were both horsing around. They lost the appeal and I continued on bennifits.

I was given the option to file a discriminatory action against my ex-employer. I went ahead with the long application process that took 6-8 months. Wcb offered my ex-employer 3rd party mediation to settle this outside of wcb. My ex-employer denied mediation because they said they didnt do anything wrong. 6-8 months later I get a call from WCB saying that my ex-employer now wants to settle this claim outside of WCB.

I have been unemployed with injuries for 9 months now and having a hard time finding work. Im still getting the support from WCB which i am greatful for. My question is: What am I entitled to at this mediation meeting? Should I be asking for compensation? why did my ex-employer want to have mediation all of a sudden?

I need some help here because Im alone in this case. has anyone been through this or know what is the best route to take? I was fired while defending myself and the guy who assult me admited on record that he attacked me and it was "horseplay" which it was not.

thanks..

El Bastardo · 09-02-2009, 07:58 PM

I think its worth it consulting with a lawyer before this mediation.

The fact that he was a filthy junkie probably qualifies him as having a 'disability'. The former employer is probably using the fact that a disabled employee had a conflict with another employee to distance their own legal liability in the situation.

Also, you may end up wanting to look at civil options (against the junkie) concerning your lost wages

to0n · 09-02-2009, 08:09 PM

Quote:

Originally Posted by El Bastardo

I think its worth it consulting with a lawyer before this mediation.

The fact that he was a filthy junkie probably qualifies him as having a 'disability'. The former employer is probably using the fact that a disabled employee had a conflict with another employee to distance their own legal liability in the situation.

Also, you may end up wanting to look at civil options (against the junkie) concerning your lost wages

This guy wasn't a junkie. He had a drug problem, alcoholic which made him moody during work. he would also sleep on the job. They are defending themselves saying we were horsing around. during the investigation by a WCB officer they admited knowing that this guy was bullying me during work.

Klobbersaurus · 09-02-2009, 08:39 PM

i would call a lawyer, your old employer lied to wcb, tried to get your claim denied, they fired you without cause, your old employer probably knows they are in trouble and thats why they rather settle outside of wcb

Peanut Butter Jelly Time! · 09-02-2009, 08:41 PM

definitely look for compensation for loss wages that you have suffered.

have you tried talking to your case representative?

to0n · 09-02-2009, 09:17 PM

Quote:

Originally Posted by Peanut Butter Jelly Time!

definitely look for compensation for loss wages that you have suffered.

have you tried talking to your case representative?

Would it be appropriate tp speak about compensation with my case manager? Ive been off work almost 1 year with pay from WCB. I was thinking of asking for 2 years of pay from my old employer up front. What that be too much to ask? I think im entitiled to something. I lost my job and a possible career. I was making $18.00 hrly working 40+ hours per week and had a possible apprenticeship ahead of me. I lost everything and its damn tough to get into a shop without a ticket.

Preemo · 09-03-2009, 01:23 AM

Definitely definitely talk to a lawyer first. No matter what, make it your priority. Find a lawyer when you wake up!! You could be entitled to much more if you talk to a lawyer first. Knowledge is power!!!!

to0n · 09-03-2009, 01:25 PM

Quote:

Originally Posted by Preemo

Definitely definitely talk to a lawyer first. No matter what, make it your priority. Find a lawyer when you wake up!! You could be entitled to much more if you talk to a lawyer first. Knowledge is power!!!!

the first emplyoment lawyer i called was $250 hr. Does anyone here know lawyers with better rates?

Klobbersaurus · 09-03-2009, 02:15 PM

call around for a free consultation, some dont get paid unless you get paid

liu13 · 09-03-2009, 02:17 PM

me vs employer (skim)

this kid's being a moron during work hours, i tell his supervisor to let him go, i haven't seen him since

SumAznGuy · 09-03-2009, 02:32 PM

What I don't understand is why you didn't appeal the dismissal since you were not horsing around, and actually got hurt on the job due to the other employee.

I would, but it might be too late, go to the human rights tribunal or the labour board and file a complaint against the wrongful dismissal and for not protecting you against the other employee with a drinking problem, and lastly for trying to take away your WCB benefits by lying.

Derek_N84 · 09-03-2009, 03:54 PM

Definitely agree with the other members in regards to speaking with a lawyer before the mediation.

to0n · 09-07-2009, 06:05 AM

Quote:

Originally Posted by SumAznGuy

What I don't understand is why you didn't appeal the dismissal since you were not horsing around, and actually got hurt on the job due to the other employee.

I would, but it might be too late, go to the human rights tribunal or the labour board and file a complaint against the wrongful dismissal and for not protecting you against the other employee with a drinking problem, and lastly for trying to take away your WCB benefits by lying.

I tried to appeal dismissal but got nowhere with that. I was just straight up walked out the door and told I did something wrong and could't stay in the building. I was told that horsing around is not allowed and that was fired for "just cause".

Human rights doesn't help in these cases. I called labour board and the only thing they could fight for is a 2 week sevrence pay. Only people that are helping me at all and exceeding my expectations is WCB.

I had a talk with a Lawyer and got some advice. He says I will be ok representing myself.

SumAznGuy · 09-07-2009, 07:37 AM

I don't have a lot of experience in a situation like this, but it does seem odd to me, especially since the labour board could only get you a few weeks of severence. I would have assumed they could have gotten you more, if not your job back. I wonder if there is any other avenues to try or perhaps sue the company for wrongful dismissal and lying to WCB.

Good luck with the mediation.

quasi · 09-07-2009, 09:14 AM

Quote:

Originally Posted by to0n

the first emplyoment lawyer i called was $250 hr. Does anyone here know lawyers with better rates?

Thats actually pretty cheap, you get what you pay for.

Your employer sounds retarded in this instance. One for firing you if the way you described it is the way it happens. Number two for doing it the way they did. If they really wanted to get rid of you they should have waited for you to come back, let you work a week and then laid you off permanently for *lack of work*, we never fire anyone it's just a hassle.

johny · 09-07-2009, 09:36 AM

deleted

JesseBlue · 09-07-2009, 07:52 PM

so many people are already telling you the best advice...get a lawyer who has knowledge on what to do...unfortunately this is the only way to get everything back in order plus to help potential employees who are in the same boat as you ...

TekDragon · 09-07-2009, 09:33 PM

Quote:

Originally Posted by JesseBlue

so many people are already telling you the best advice...get a lawyer who has knowledge on what to do...unfortunately this is the only way to get everything back in order plus to help potential employees who are in the same boat as you ...

What everyone else has said: Lawyer. Do not go past go, do not collect $200 unless you seek legal advice on this situation. having a lawyer will let you know where you are and what rights you have to the situation and what compensation you can expect or what you can try to fight for and receive.

Preemo · 09-07-2009, 10:03 PM

Agreed. Fish around for some lawyers that work on a basis where they get paid when you get paid. 2 weeks of severance is BS and through no fault of your own. If you really care, I'd dig a little deeper to make sure you are protected 360° without a tiny gap for anything to screw you in the ass.