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I am asking this question on behalf of a young relative. In July of this year he was dismissed from his job of three years. The dismissal letter said that he was being terminated effective immediately for "Breach of the Company's Code of Business Conduct Policy." There was no previous conversation, no warning, no explanation about what he was supposed to have said or done. He has reported this dismissal to Employment Standards. They were told the reason he was dismissed was that he had used inappropriate language in a conversation with a colleague. I understand that an employer is supposed to tell the employee that they are "not meeting the standards", that they give the employee "reasonable time and help to meet the standards", that the employee "was warned that they would be fired if they did not improve their behaviour". As mentioned, none of that was done. He had no idea that he had breached the company policy, he had no warning at all that an incident was putting him at risk of termination. There was no conversation about having the opportunity to improve his behaviour. The company recently offered the young man two weeks pay in lieu of notice of termination. The agent at Employment Standards has suggested that he take the company's offer as it would cost him far too much in legal fees and would take a long time through the courts to prove that he was wrongly dismissed. Is this good advice? Should he accept the offer? Should he be asking for a letter of apology or at least a letter stating that he was laid off, not terminated?
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