THE DIRTY ARMY: Nik, Christopher Gathergood was employed by my company as a Skiptracer / Security Guard. He assisted in opening my security division. During the time he did this he was expected to cover guards if there were none available, as well as be reliable. He was extremely unreliable and consistently missed shifts which he was expected to work. I then terminated his employment, as it was not working out with him not showing up and being in a managerial position. l felt bad for his family he has a wife and a child. So I suggested he work in sales instead. He agreed. Then he resigned, and when I asked why he said he wanted to make 23 / hour I offered 25/ hour, which he initially declined, then 2 weeks later accepted.
When I noticed he was not bringing in any sales, and he refused to work security shifts, it caused a huge issue with finances, so I had to lay him off until we opened our Bailiff office and bring him back. I had initially suggested 3 days a week, to which he said no as he wanted to be laid of to collect EI, as he would make more money. So I agreed. I gave him 2 weeks written notice of the lay off, and also the last day he was to work he no showed.
2 weeks after he was laid off he had a lawyer send a letter stating that I constructively terminated his employment, demanding me to pay 6 months of Salary (he was an hourly employee), and provide him a written reference letter, and a oral reference. Plus money for legal expenses. He also accused me of having sexual conversations with him, and that I was prejudice against South Asians, which I am not. (He is caucasian). He has allegedly done this to other employers as well. So Employers please ensure you look at the Constructive Termination laws, as the Employment Standards act is not ONLY the act you need to abide by. I will win this if it goes to Court, as his allegations are completely fabricated.