zero Posted October 21, 2004 Report Share Posted October 21, 2004 So here's the thing. Basically I work for a really bureaucratic NGO and after successfully completing my conference (beyond any expectations) I now want out of this toxic environment. They have no case whatsoever for dismissal (but threatened it a few weeks ago for some petty sh!t) and I don't want to resign. My contract is til April. I have paid time off (lieu time accrued) until Wednesday and I suspect that when I get in my shrew of an executive director will have gotten some major slaps on the wrist from our board. My sense is that she will likely have to resign or get fired (less likely) but that short of that I can't stay there. I really raised the bar on their conference and staved this organization off from circling the bowl completely. They are highly beholden to me and highly motivated to retain me. I have about 60 hours in lieu time still built up, sick and vac. time plus a months back wages. I basically want to walk on Wednesday but not give them the satisfaction of resigning. I am trying to figure out how to force their hand and get a buyout of my full contract or at least more paid sick leave (I am really unhinged and in awful physical health). It's a bit of an odd situation but should have multiple interpretations under the law. I am in a very dominant position and it's important I play this right. Link to comment Share on other sites More sharing options...
Booche Posted October 21, 2004 Report Share Posted October 21, 2004 StnMntn (sp?) maybe can shed a little light? or Momack? I really dont know what areas of study we are looking at here, but I think they have offered advice in the past. Personally, I dont know sh!t, but you already knew that, didnt you? You might have to take one for the Zero squad, but I assume that would be your worst case scenario. Link to comment Share on other sites More sharing options...
zero Posted October 22, 2004 Author Report Share Posted October 22, 2004 Somehow I think MoMack might not be the first to offer free legal advice. Or he would but it would be to my employer. Trust me when I say I have them over a barrel and that they are in a highly compromised situation. Apart from pleasant revenge fantasies I am trying to figure out a compassionate and shrewd way to get out of this. There must be options legally outside of the court of public opinion. Link to comment Share on other sites More sharing options...
Large Marge Posted October 22, 2004 Report Share Posted October 22, 2004 You can always call and ask for advice from the Employment Standards Information Centre: 1-800-531-5551 Check here: Termination of Employment & Severance Pay maybe you qualify for a constructive dismissal? Link to comment Share on other sites More sharing options...
zero Posted October 22, 2004 Author Report Share Posted October 22, 2004 Sounds like constructive dismissal, will see Wednesday. Link to comment Share on other sites More sharing options...
Velvet Posted October 22, 2004 Report Share Posted October 22, 2004 Are you bragging about how indespensible and valuable an employee you are or are you asking for advice on how to fu©k over your employer?? Just curious, 'cuz I can't help with either. Link to comment Share on other sites More sharing options...
zero Posted October 22, 2004 Author Report Share Posted October 22, 2004 Sounds like a constructive or creative dismissal is what we'll have to entertain. Link to comment Share on other sites More sharing options...
bradm Posted October 22, 2004 Report Share Posted October 22, 2004 Sounds like a constructive or creative dismissal is what we'll have to entertain. OK, I suggest taking it out to dinner and a movie; alternately, sit at home with it, maybe get some take-out oriental food and a nice chablis, and watch one of those constructive-or-creative-dismissal flicks... Aloha, Brad Link to comment Share on other sites More sharing options...
zero Posted October 22, 2004 Author Report Share Posted October 22, 2004 Are you bragging about how indespensible and valuable an employee you are or are you asking for advice on how to fu©k over your employer?? I'm going to presume you don't mean this as a dig. If you do you are far less righteous of an individual then I realized. I am trying to hold onto some shreds of self respect and integrity that they have not fully taken from me. I am seeking redress through the law to allow me to get out of this toxic environment. Link to comment Share on other sites More sharing options...
Velvet Posted October 22, 2004 Report Share Posted October 22, 2004 It was a dig and I'm not very righteous. Good luck on retaining your self-respect and integrity while trying to force your way out of an agreement you made though. Link to comment Share on other sites More sharing options...
SevenSeasJim Posted October 22, 2004 Report Share Posted October 22, 2004 Let It Go. It will only come back to bite you on the ASS. (serioulsy) Link to comment Share on other sites More sharing options...
zero Posted October 22, 2004 Author Report Share Posted October 22, 2004 Here's my problem with the board. False Equality. Yes equality exists in the buddhist sense, in the compassion for all things sense. Equality does not exist in every sphere of action, Lauzon is a better guitar player then me (I don't play the guitar), Dimafleck is a better illustrator then me (I don't illustrate), Velvet is a better old man than me (I am not an old man yet). My point is that my medium of choice my distinctive competency is language. In particular when it comes to government bureaucracy and going throug the proper motions and making your case effectively you will find no one better. This lay down and take it, 'don't burn your bridges son' routine is so played it isn't even funny. You will find me spending a great deal less time on this board because very few if any of my peers or friends reside here. Sure there are 'Frands' in the Barfly kind of way but that's a little different. Link to comment Share on other sites More sharing options...
SevenSeasJim Posted October 22, 2004 Report Share Posted October 22, 2004 Luke, you are to intelligent and emotional to play the "game" (bureaucracy). In the end it doesn't really matter anyway. Realize That! Link to comment Share on other sites More sharing options...
zero Posted October 22, 2004 Author Report Share Posted October 22, 2004 But it does matter! It matters in the sense of how South Americans refer to activism as Protaganismo. Be a protagonist in your own life. Be an agent of change for you and yourself. Goodbye and goodnight. Link to comment Share on other sites More sharing options...
SevenSeasJim Posted October 22, 2004 Report Share Posted October 22, 2004 If you want to help and make a difference is one thing but playing the bureaucratic game to do so is another. In your heart is where it matters not by fu©king around with "how can I get out of this contract with the most money" ("trying to figure out how to force their hand and get a buyout of my full contract"). Link to comment Share on other sites More sharing options...
SaggyBalls Posted October 22, 2004 Report Share Posted October 22, 2004 read your contract over and over. read it aloud. did they keep their end of the bargain? did you? is there a loophole to get out of the aggreement? I think that if you want out you should get out, but if ther'es a change of ranks would that void the contract? think about that...new cheese comes in and your old wine doesn't taste as good with it even though it's still vintage. i'm suer somehow you'll find your way...if you don't you'll at least still be making more cash than i am. Link to comment Share on other sites More sharing options...
arcane Posted October 24, 2004 Report Share Posted October 24, 2004 I'm not a lawyer, so this isn't legal advice. I had to say it.This does not sound like a case for constructive dismissal, which would be the result of your employer reducing your tasks and responsibilities to a level that can be proven to be far below those outlined in your contract. Not getting the credit you feel you deserve--justifiably or not--is not constructive dismissal. You're free to exceed expectations, but bear in mind that you do to so to your employer's benefit. Your employer is under no legal obligation to compensate you for it. If your employer -asks- and -expects- you to go to great lengths, then you might have a case. However, it will cost you time, money and effort to file suit, even if you're representing yourself. If you file and lose, you stand a good chance of being dinged with your employer's legal costs. You can bet your employer would be retaining a lawyer. Chances are, it's more practical to walk and chalk it up as an expensive learning experience.On the other hand, as of 01 October 2004, Ontario allows lawyers to take certain kinds of cases (that is: non-criminal, non-family law) on a contingency basis. You might want to look into it. http://www.attorneygeneral.jus.gov.on.ca/english/news/2004/20041001-contingency.asphttp://www.attorneygeneral.jus.gov.on.ca/english/about/contingency/Just bear in mind that before you consider any kind of civil matter, calculate a dollar value for what you believe you deserve. Make sure it's one you can justify to a judge. If you feel you're owed 60 hours of pay, then the dollar value is 60 times your hourly rate, plus your legal costs (the base is $400 if you're representing yourself, last time I looked). Don't go to extremes--this isn't the US, and such a claim could get your suit deemed as vexatious. Don't expect to see a hundred cents on the dollar, either.Either way, a lawyer can help you put the costs and your chances into perspective. Link to comment Share on other sites More sharing options...
wavinginthewind Posted October 24, 2004 Report Share Posted October 24, 2004 get to work champ and stop signing contracts your ass can't handle. Link to comment Share on other sites More sharing options...
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