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I am seeking advice regarding the timing of performance concerns raised in relation to my employment and termination.

My contract was renewed at the end of the summer, and at that time I was not informed of any performance concerns. Around October, I raised a workplace concern with senior management related to inappropriate conduct by two employees in the workplace. Approximately three weeks later, I had a discussion with the CEO regarding this concern. Following that discussion, performance issues were raised informally, although no prior written warnings or formal performance concerns had been communicated to me before this point.

At the termination meeting, which was attended by the CEO and VP (without HR present), I was informed of performance-related reasons that had not previously been documented in writing or formally raised as ongoing issues. There were also verbal statements made by senior management that were later not confirmed when I raised them afterward.

As part of the termination, I was offered severance along with extended benefits for two months and a reference. I signed a release agreement in exchange for these terms. My concern is whether the timing and sequence of events raises any concerns regarding potential retaliation, particularly given that performance issues were only raised after my workplace concern and not previously documented or communicated.

Hello,

The most significant issue in your matter is that you signed the release, which would limit your ability to pursue additional severance. It is always important to have a lawyer at Samfiru Tumarkin review your termination package before you sign off. This will allow us to spot the issues that may have remained unaddressed in the severance offer.

For instance, if your workplace concerns were related to harassment or violence in the workplace, and you suffered retaliation as a result of raising these concerns, you would have potential recourses under Human Rights and Occupational Health and Safety laws.

You may want to contact with the OH&S Branch of the Ministry of Labour to see if you can pursue what they call a disciplinary action complaint for the retaliation that you experienced but the release you signed may have foreclosed this option.

Regards,

Lluc Cerda
Lawyer
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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