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Sat, May 12th, 2012, 10:13 AM #1
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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......This thread is currently associated with: N/A
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Sat, May 12th, 2012, 10:18 AM #2
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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!
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Sat, May 12th, 2012, 10:21 AM #3
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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
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Sat, May 12th, 2012, 10:35 AM #4
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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.
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Sat, May 12th, 2012, 11:50 AM #5
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- May 2010
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- London, Ontario
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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.
"Be yourself. Everyone else is already taken." Oscar Widle
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Sat, May 12th, 2012, 11:53 AM #6
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Oh no, I hope things work out for you.
It is not how much we have, but how much we enjoy, that makes happiness.
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Sat, May 12th, 2012, 02:42 PM #7
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Last edited by lecale; Mon, Jan 19th, 2015 at 07:35 PM.
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Sat, May 12th, 2012, 04:38 PM #8
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i'm so sorry you are having to deal with this. i hope things work out for the best for you and your family.
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Sat, May 12th, 2012, 04:39 PM #9
I am sorry to hear about the troubles your hubby is facing.
Everytime you like my post I give the dog in my display picture a big *KISS!*
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Sat, May 12th, 2012, 04:54 PM #10
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.
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Sat, May 12th, 2012, 06:29 PM #11
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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.
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Sat, May 12th, 2012, 07:22 PM #12
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
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Sat, May 12th, 2012, 08:39 PM #13
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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!
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Sat, May 12th, 2012, 08:49 PM #14
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Sorry to hear this OP. Hoping for positive news in the near future.
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.....
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Sat, May 12th, 2012, 10:04 PM #15
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- Ontario
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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"....
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