My hubby got "let go" because he got injured at work.....

My husband got hurt on Tuesday at work, freak accident, hit in the eye 15 mins before his shift was done, he was fine and able to continue to work, but they forced him to go to the hospital. The next day he works his shift, eye is fine but at the end of the day they called him into the office and told him it wasn't working out and they let him go. My husband is union but he just started this job a month ago. Can they do that to him? I tried looking up info on this but I keep coming to dead ends because he is within his 3 months so they can fire for little to no reason.

We are pretty upset right now about this......

I'm really sorry to hear that that happened :( The real unfortunate thing is that you're right: employers can fire someone for almost any reason under the sun when they are still probationary. If questioned, they could try to say something about safe work practices even if it was complete BS and everyone knows better, and it'd be more or less his word against theirs. He could try to grieve it with the union, but there's no guarantee it'll be anything but a headache for him. I have seen employers fire someone just because they didn't like them within the probationary period, so the union might not be much help.

Good luck to you; I hope you can get some resolution, or if not a new job where there employer's not such an a$$hole!

Within the probation period, they can not keep him for any reason - except if it breaks certain rules

He is paying into the Union so first he should speak to the union rep and the union health & safety rep. Buy going to hospital, a WSIB form will need to be filled out with a report of the accident. Since they are letting him go, there is no 'lost wages' so they are getting out of a rate increase so I would update the case with that information as an employer can get in trouble for trying to skirt the system like that.

It could well be that they see him getting injured as not following health & safety precautions however, which can get you legitimately fired even after a probation period

How he got injured was really stupid. He works as a chef, and he was putting away a bin of stuff, a steel ladle fell off the hook on the wall and struck him in the eye (the handle part).

Thanks for the info, its pretty much a no win situation from the sounds of it :(

Pretty upsetting that this happened.

I am really sorry to hear of your situation. 3 month rule or no 3-month rule, union or no union, it truly does suck and you must feel incredibly frustrated and outraged regardless. :(

Oh no, I hope things work out for you.

.

i'm so sorry you are having to deal with this. i hope things work out for the best for you and your family.

I am sorry to hear about the troubles your hubby is facing.

I am So Sorry to hear that!! It's so unfair. I can just imagine how you both feel. . . i hope your DH doesn't take it personally. . .it's just the ruthlessness of the business world.

He should talk to his union. Eventough he is under probation, it does not mean it is cart blanche to do whatever. We let go one of our admin assistances while under probation and the union was still involved. He should discuss his options with the union. It's why he pays them dues.

When one door closes another ones opens. In his trade there will be another good. Most likely better job in his near future. Everyone has to eat. At least he is not in the Automotive Industry
Better Days ahead

So sorry to hear this! Insane's advice is great, he should do that.
Hoping he's able to find something else quickly!

I'm glad to know the injury wasn't serious, though - that would be a whole different thing to deal with.

Years ago, my husband had started a new job - and on the fourth day of work there was an accident, and he broke his back. Now that was a very awkward situation to deal with - going through workman's comp and everything else with an employer who didn't know him at all - and they had to keep him 'on the books' as an employee.
Of course, as soon as they could, they laid him off; once he was able to go back to work with restricted duties as dictated by docs and physio, they used that as their reason.
(Actually it was fine, but wow, that was a crazy time.)

Also, just so you know, he's been working since then - no surgery could repair his back, he has just had to deal with it, and I don't know how he does it, but he does!

Sorry to hear this OP. Hoping for positive news in the near future.

Quote:

---

Originally Posted by barginbin-barbie

When one door closes another ones opens. In his trade there will be another good. Most likely better job in his near future. Everyone has to eat. At least he is not in the Automotive Industry
Better Days ahead

---

You are so right. He is very marketable in many places - restaurants, sports teams, schools, workplaces, cruise ships and on and on.

A relative was let go during probation too. It was for a "made up reason". Turns out the company's books weren't on the up and up and the government is looking at them now. So maybe it is a good reason that my relative was let go.

Again, OP, I am hoping for good things for your DH in the very near future.
Blessings.....

I'm so sorry to hear this happened to your hubby, but I'm happy to hear that he's injury was minimal. I'm sure at times like this it's hard to look forward, but this may be his catalyst to a much better position elsewhere...his former boss sounds like a....'dick'...he's probably better off without him, even though that may be very difficult to see right now...I wish you both all the very best as he finds that "new door"....

Call WSIB and see what they have to say about this. WSIB forms should have been filled out, were they? When I was working, there was a rule of thumb with the managers to not fire any of the guys that were hurt within 6 months because there were legal ramifications if they did fire them. There were guys that would be hired, do their training and then fall off of a ladder on their first day on the job.....then be off for a year with a bad back. Find out and make sure you know his rights.

Quote:

---

Originally Posted by i_forget

Call WSIB and see what they have to say about this. WSIB forms should have been filled out, were they? When I was working, there was a rule of thumb with the managers to not fire any of the guys that were hurt within 6 months because there were legal ramifications if they did fire them. There were guys that would be hired, do their training and then fall off of a ladder on their first day on the job.....then be off for a year with a bad back. Find out and make sure you know his rights.

---

No.
Really?:omg:
A ladder fall scam?
Wow, I am out of the loop on these tactics.

If there was something wrong with the hook on the wall that made the steel ladle fall and injure his eye it wouldn't be your husband's fault.That's the fault of the place where your husband is employed.Your husband should fight it.

I hope everything works out for you. My bf was harassed at work and asked for there to be a formal complaint written up about it, well immediately after his duties and hours were cut back, and a few months after that he was "let go." The govt looked into it and said that he had a legitimate case, but probably wouldn't win b/c his workplace was nonunion, and it would be to expensive to go to court against a large company.

Your dh's workplace was unionized, so please follow through (as others have posted). He has basic rights no matter how long he was working there. Good luck :)

holy shoot gpg, so glad to hear his eye is ok.
hoping you have contacted the union and they had some helpful info on what to do.
does sound suspicious that they would fire him when they did, but then again
i'm always suspicious when something looks wrong.
big hugs hon :flowers:

Thanks everyone, I wrote to WSIB and sent off some other letters, we will see come Monday.

I am frustrated but I'm trying to take some good from this. Hopefully there is a better place on the horizon :)

Quote:

---

Originally Posted by Shwa Girl

No.
Really?:omg:
A ladder fall scam?
Wow, I am out of the loop on these tactics.

---

LOL, who knows, I did my time and then left.

Quote:

---

Originally Posted by gameprogirl

Thanks everyone, I wrote to WSIB and sent off some other letters, we will see come Monday.

I am frustrated but I'm trying to take some good from this. Hopefully there is a better place on the horizon :)

---

Good, it cannot hurt to ask questions.

Good luck

Quote:

---

Originally Posted by Insane

He should talk to his union. Eventough he is under probation, it does not mean it is cart blanche to do whatever. We let go one of our admin assistances while under probation and the union was still involved. He should discuss his options with the union. It's why he pays them dues.

---

Actually it pretty much is, they don't need to give notice or a reason, and you don't need to give notice either that you're leaving. I had a friend that worked at a hotel and a few days before his 90 days were up they fired him. he asked for at least a reason and they said we don't need to give you a reason sorry. Check into if you want, and see but I'm not sure what he can do.

There are some rules, if you can prove they did it to get out of the WSIB claim, because of a prejudice/human rights issue etc plus it is unionised so the union there may have certain agreements in place

But even if you fight them on it, do you want to go back and work somewhere they do not want you or deal with it being public record that you sued an employer

No, your right Fallen, he does not want to go back to work there after this. The trust is gone. We are just glad this happened so soon instead of after he got comfortable there.

I'm just more upset by the fact that they treat people like they are disposable. They need to change things so people have some sort of job security.

Quote:

---

Originally Posted by gameprogirl

I'm just more upset by the fact that they treat people like they are disposable. They need to change things so people have some sort of job security.

---

Agreed that this happens way too frequently. I remember when I came to terms with the idea that for most employers, we're all drones that are easily replacable, no matter what skills, talents, personality and passion we contribute to our work and workplaces. I'm self-employed right now (with contract work), and even so I still feel like my contract could be cancelled and I could be replaced even though the people I work for are wonderful, thoughtful and caring. Capitalism is just another four-letter word in a lot of ways. :(

I agree that it sucks he was hurt and let go. Just that the 90 day probation period gives both sides the right to part ways for any reason with no notice. I'm not saying the way he was let go was right either though.