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Bad Mouthing/Wrongful Dismissal

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by pikachupichu

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Hello,

I am a dual citizen of Japan and Canada, and my employment has just been terminated by a software company in Southern Ontario of Canada.

Despite there have been no faults with my side, the company management contributes all of responsibilities for the poor sales of software products in Asian market, mostly Japan, plus HK/Korea/China/Taiwan/Australia, and the lower quality with too many bugs, to myself only.

(R&D was out of my control.The products -- data visualization softwarehas too many bugs, for example, the disguised double byte characters in Japanese, Korea, Chinese. HONG KONG's biggest telecommunication company cancelled the annual US$ 1 million dollars order. The comnpany management did not do anything to fix bugs, simply because the Caucasian canaddians have difficulties in dealing with double byte characters. And finally the company told me to sell the English only products to my Chinese and Japanese customers!, despite most of Japanese do not understand English. )

As there is no severance pay, and the company registered my separation as 'Dismissal' with Canadian Labor Ministry, I have no choice but to file a lawsuit for wrongful dismissal.

However, I realize I shall look forward and move on. The reality is, I have one potential new job opportunity however, the reference check is fearful.

Kindly let me know, if you know,

1) Can I submit the alternative references like those from my previous employers before the last employer which wrongfully dismissed ?

Actually, I have 5 people as my alternative references. However the problem is 4 of them are out of North America, one in Hong Kong, one in Korea, 3 in Japan.

2) In case my last employer makes bad mouthing, and/or just silence (i.e. no call back, no reply to the e-mail reference check and etc.) how can I recourse against those possible behaviors?

Thank you very much in advance.

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by john_wills

This depends very much on Canadian and Ontario law. In Germany an employer is legally obliged to give a truthful reference, in California he isn't, although he must tell the truth to any government agency(e.g. the unemployment benefit people) enquiring... but in Ontario? Unless someone knowledgeable in Canadian law answers you pretty soon, I think you should consult a lawyer - I hate to say that, but you are asking a question about the law. You may find that Halsbury's Laws of England(Canadian Edition) is quite readable, but I don't know. There is also the Canadian Digest(Ontario edition), which I did find quite readable when I had to investigate something many years ago. These books should be in the county law library; perhaps they are even in the municipal library.

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