View Full Version : Governmental Mediation Granted


Infusion
11-09-16, 03:05 PM
I was just called today by the government of Canada in regards to a mental disability complaint I filed about my employer. They granted me a mediator in which the proceedings begin on Jan 26th.

The mediator is essentially to remain neutral during the proceedings.

My former employers which is an 11 billion dollar company will have their big shot lawyers representing them as well as whomever else they wish to have there.

because Im not in a fair fight and I cant afford to spend additional monies on a lawyer myself. Im not sure I can compete. feeling excited and a little saddened by the opportunity here.

Here I am granted tnis huge opportunity to make big changes within Canada and the way the employers rights are treated in regards to those having AD/HD.

I am seeking maybe a knight in shining armour who will help in representing me during this case.

MY STORY in next post

Infusion
11-09-16, 04:24 PM
My story...

In 1996 I went to work for a contracting company which subcontracted my services for this corporation and remained there for 3 years in which I left to go to another contracting company which did the exact same thing but only better pay. i remained with this contracting company up until 2002 in which the Canada Revenue Agency forced the corporation to hire all contractors as employees as they deemed the corporation was trying to skip out on paying employer taxes. At the time this occurred.. I was injured and was suffering from a torn ACL and remained with the contracting company as they were required by law to employee me during a long term disability. 3 months later I was cleared to work and was immediately given my papers and was let go due to the contracting company was no longer able to employee me due to 0 work. I was 100% expecting this and immediately applied to work for the corporation as had all of my coworkers had done. I was told that there were no positions remaining at the time and to try again later... bad luck here due to bad timing of an injury. (1996-2002)

I moved to a different city and worked for a corporation for 2 years which provided the exact same services as the corporation but because they were in different ities they were not deemed as competitors. (2002-2004)

In 2004 two years later I was able to get on as an employee for the first corporation and worked there for 3 years. (2004-2007).
I gave 1 month notice and decided to start my own business which took my skillset to a whole new level. I was learning things in my career path which I never expected I would learn and was doing things where the sky was the limit. All of the services I provided were in compliment to the services in which the former corporation had provided. in 2008 the economy had declined due to the impact felt by the USA economy and my company started to dwindle. in 2012 I shut the company down. and becan to work for a competitor for 3.5 years. I then applied to work for the corporation where i began my career with a plan in place to maybe work in the field for a few years and then maybe move into a position of management.
Success! I was reemployed by the corporation on March 1st of 2016.

So during the interview process I was told I would need to be retrained, which to be honest I kinda didnt like at all. It would be 12 weeks of training for something where I had never really left the industry. I had to keep up with what this corporation was doing in order for me to provide the additional services to what they already provided. Oh well, I guess it is what their policy is and it wouldnt hurt to catch up on what happens with the processes on the inside. fair enough.

problem number 1. Im am extremely bored, I think I am helping the training by giving some of my experiences of things my trainer is teaching. Essentially being a bit interuptive. I realise I am being disruptive and explain to my him aside after class that " I am so sorry, you know me, I am passionate about this company! After all I met my wife here. I want to do everything I can to be a part of the team." He answers back " You know I know what you are capable of, but, you need to let me teach."
I totally agree with him. My AD/HD just kicked in. Im Implusive

Later the trainer pulls me aside and says to me, look you would be enriched by taking some soft skills classes. I had know idea that this was the same thing as social skills. I work with the public directly, I take pride in how often customers phone in to compliment my going above and beyond their expectations.

problem number 2 The office meetings... ugh... these are a new thing since I worked here before... every month for 30 minutes the corporation has a "Tailgate meeting". these meetings were told to me to find out what was happening in the field and get feedback as well they were to give us new information about the latest changes to their services. I am a skilled tech for a reason, I cant stand meetings. I twitch, I tap a pen on the table, I bite the strings off a hoodie, ANYTHING to keep my mind on task. I tuck my arms into my armpits to prevent this happening.... and if you want feedback from someone who is impulsive and has AD/HD, well you are gonna get a tonne of it with a tonne of passion. A person with AD/HD is gonna be disruptive... if I dont say what is in my head right away... it will be lost forever in order for me to continue listening to listen to you speak. otherwise, what is in my head is going to be lost FOREVER! or... Im gonna be focusing on not forgetting and stop listening to you instead... only 1 of these things can done.
meeting number 1... my supervisor came up to me and says to me... I dont think you notice this but, You come across as very arrogant in the way you talk.

???

I dont understand... He then shows me an example by repeating a question I asked and then crossing his arms leaning back in his chair and then says we take these soft skill classes to recognize human behavior for the way a human behaves and get a feedback from these classes to notice an employees attitude. By you crossing crossing your arms an leaning back like that. you are posing the question as if you are already know the answer, and are challenging the supervisors to if they knew the answer. Its not well received. I then asked if there were some soft skill classes I could take to better myself.

1 month later I am let go for not being a good fit... :(

During my first 11 years of working for this company.
-Top sales in field nearly close to every month I worked there.
-Asked to be a mentor to train new employees
-exemplary record with 0 marks against my record.

during my second stint as an employee for 4 months.
- fired because I am not a good fit.

ginniebean
11-09-16, 05:37 PM
Had you disclosed your disability?

acdc01
11-10-16, 05:49 AM
Had you disclosed your disability?

Ginniebeans raises a good question. Did you tell your company you have adhd and if so when?

If Canada is like the US, then you can't claim discrimination unless your company knew about your adhd. I'm guessing canada is the same and that's why ginniebeans raised the question though she can correct me if I'm wrong.

Also, I remember ellen poas case here in the US. She ended up having to pay her company for their lawyer fees after she lost her discrimination complaint. I'm not sure why that is but you may want to make sure that kind of thing won't happen to you. I'm guessing it won't but just make sure.

I'm sorry that happened to you. Discrimination feels absolutely miserable. I know as I've experienced it myself. If you didn't disclose and don't have a case, well don't be upset at yourself for that. It's actually extremely difficult to prove discrimination. I know I wouldn't have been able to had I not spoken to a lawyer even before the discrimination occurred and was prepared on how to document discrimination.

acdc01
11-10-16, 07:48 PM
I'm kind of regretting my response earlier. I don't live in canada so you probably shouldn't listen to what I said as I only know about the US.

Infusion
11-11-16, 02:20 AM
in Canada.. you can disclose after the fact. The were told upon an exit interview. as well as I filed to the HR dept. to review the decision.

Fact is... the only thing that changed at my job was the tailgate meetings in which I was told was for the xchange of ideas and knowledge of what was happening in the customers homes.

11 yrs of exemplerary service.. to "I dont fit" in just 4 months of a second work term.
This is my life, it has always been my life.
It is now also my families lives.
not fair to them.
not to anyone with AD/HD
its something I am. in their case its something that compliments my job, except in meetings and paperwork.

acdc01
11-11-16, 10:07 AM
Boy, at least the laws are a bit better in canada than in the us.

Good luck with your case. Hope you find someone that can help you.

ginniebean
11-11-16, 11:56 AM
i didn't know you could disclose after the fact in canada. I'm so sorry this happened to you and i do wish you the beat of luck with this.

Infusion
01-23-17, 01:55 PM
If you do disclose after the fact. You must do it immediately. The company needs to have the ability to correct their decision. Jan 26th I go to mediation. 3 days. Unfortunately.... I must go alone as I wont have the funds to hire a lawyer.

acdc01
01-23-17, 06:43 PM
If you do disclose after the fact. You must do it immediately. The company needs to have the ability to correct their decision. Jan 26th I go to mediation. 3 days. Unfortunately.... I must go alone as I wont have the funds to hire a lawyer.

Very Best of luck.

Can you hire a lawyer just to prep you like for an hour? I assume you already have prepared your argument. They could just listen to it and give you their comments. In US where I live that would cost between $250-$500/hr. I did that for my settlement case and it really paid off. Also, in US, there is a lawyer referral thing. It makes it so you pay $35 for 1/2 hour speaking with a lawyer but I really don't think that can work for you as it would take about 2 hours for you I would think based on my settlement case and also since you only have 3 days left).