A middle-aged WASP examines his Life, his heart and his home. Sometimes it all makes perfect sense. Not lately, though.

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Saturday, December 02, 2006

Dear Ms Journal,

Sorry I haven't written lately. I've been a bit pre-occupied, what with being fired and all. You know, I've ...

Fired. Yes. Thursday afternoon. Dismissed from my job. A job I'd held and done well and faithfully for the past twenty-eight years. Unceremoniously, ignominiously, kicked to the curb.

Why? That's a jolly good question and one that deserves an answer. I wish I had one for you.

The company maintains the action was warranted based on my alleged violation of three operating rules:

Passing a signal indicating stop.

Failing in the aftermath to protect the train in the prescribed manner.

And finally, failing to protect the train as required when reversing direction to the station platform.

My story differs greatly.

From my position at the rear of the train, I was unaware we'd passed a red signal. When I inquired, I was assured we had not, in fact, passed a red signal. That renders the first two rule infractions invalid. Why would I act to protect the train when I was told it didn't need protection? We did, however, back up about fifty yards without applying a pointless rule which would only have served to further delay an already late train. The track was clear behind us. I could see it. People were waiting on the platform to board our train. Pardon me for thinking of them.

The Truth as I see it, Ms J, is this.

CN fired us - all four of us - in order to send a warning to those still working.

"Do as you're told and don't complain. We are the masters. Serve us without question. Tradition and past practice mean nothing. Collective agreements mean nothing. Your union is weak and ineffective. Bow down before us. We hold your fate in our hands. We will act as we see fit to govern this company and we require your full compliance. Submit or quit. Or be fired."

I know. It sounds pretty ominous, doesn't it? But here's the glimmer of Hope:

CN has adopted a policy lately whereby they fire people with the intention of re-instating them after they're deemed to have suffered enough. Clearly, being dismissed from a job is an emotionally crushing blow. The victim, and I use the word victim without reservation, suffers guilt and shame and fears financial ruin. Often, interpersonal relationships are threatened. Marriages are jeopardised. Credit ratings are adversely affected. After a month or so, the company decides to re-instate the hapless employee, and everything is restored to normal - seniority, pension plan, benefits, everything. They even have a term for it. Management refer to this as a "Significant Emotional Event".

This term is not known or used among employees like me. I discovered a private document some months ago that outlined this cruel policy. The paper was in a file folder and left open on a table in the lounge. I saw it and perused it quickly, thinking it was not meant for my eyes. A few minutes later, I returned to the empty room and the folder had vanished. In retrospect, I wish I had thought to take it.

I feel fairly confident that I'll get my job back. Others have suffered the same fate. They've all (nearly all) been re-instated. I don't know whether they've recouped their lost earnings or not. Quite honestly, Ms J, this is not a issue of money. Not for me, anyway. Yes, I wish I were being paid and yes, I do need the money. But for me, this is an issue of human rights. This is about justice. It's about being treated fairly and humanely with due regard for feelings and family and quality of Life.

And so as always, I'm left with choices.

I can opt to do nothing and simply wait a month or so to see if I'm re-instated. That's what others have done. Waiting, worrying and writhing in emotional agony. That's what the evil forces at CN expect us to do.

I can turn to the union and implore them to intercede on my behalf. The union, I'm sure, have lawyers who could argue my case. I have paid twelve hundred dollars a year for nearly thirty years to the union. It seems reasonable to expect a bit of assistance from them now. But sadly, the union have been nearly invisible for the past few years. My union rep was not present when I was dismissed. I haven't heard from him for more than a week. I don't feel I can expect anything from them beyond platitudes and empty promises.

Option number three is to consult a labour lawyer to determine my rights under provincial and federal labour statutes. Good lawyers are exorbitantly expensive, though. I'm told it could cost four hundred dollars for an initial consultation. Thousands of dollars and months later, I could still be out of work. The company has the twin luxuries of time and of limitless resources. I do not. They could stall litigation indefinitely until I'm bankrupt. And still jobless.

Gosh, when I put it that way, I feel so small and weak!

But those are my three choices, I think. The first is the easiest. The second one, pointless. The third option is the one that carries the greatest Hope for justice, not only for me, but for all those who might be harassed and oppressed in the months and years ahead. Unfortunately, it also holds the greatest risk. At this moment, I'm feeling angry and vindictive and leaning toward the big gamble. If I sue for wrongful dismissal, I'll also seek damages for emotional pain and suffering.

CN must be shown that they cannot continue to treat people with such callous disregard. Indeed, I believe that the future success of the company depends upon it. A successful company depends greatly on a workforce that is motivated not by fear, but by happy hearts desiring to do a good job. This is not a new concept, Ms Journal. I really don't know why the Yanks have missed it.

But that's how I'm feeling right now. Tonight, I could feel frightened again and be seized by paralysis. It's been a real rollercoaster, Ms J. And the ride has only just begun.

***

12 Comments:

Blogger Linda said...

I'm shocked! I was so sure that you'd get a reprimand and nothing else. You have a tough decision to make. Whatever you decide, it will be the right one for you. Hang in there. Life's GOT to get better for you!

2 December 2006 at 13:41  
Blogger Jennytc said...

I can only echo what Linda has said. It's an awful situation to be in, Dale, especially, as you say, they are only doing it to make examples of you. I do hope they reinstate you soon.

2 December 2006 at 15:35  
Blogger Anvilcloud said...

I really didn't think this could or could happen. Even if it turns out alright in the end, it's too much to go through at this time of year -- at any time but ...

We'll be thinking of you, and I know that somehow something positive can come out of this although it's darn hard to see how or what.

2 December 2006 at 18:29  
Anonymous Anonymous said...

I feel very badly for you Dale.

However as someone who is married to a lawyer - or one of 'Satan's hungry loan sharks' as you chose to put it in an earlier blog - I find it pitifully ironic that you are now looking to commission the services of one. Given your awful and hateful stereotype and obvious distain for the profession (of which I think *is* honorable), I feel empathy for whatever lawyer you end up working with.

I admire my wife and am very proud of what she does.

2 December 2006 at 19:13  
Blogger Michelle said...

Ahhh yes, there's that "anonymous" factor...open their pieholes full of opinionated drivel, hiding behind anonimity.....pathetic.

My goodness, i have never heard of such a thing (reinstating the victim)....thats just disgusting. I'd like to see that company exposed.

2 December 2006 at 21:17  
Anonymous Anonymous said...

I don't understand the animosity towards anonymous posters here on this blog. I too have posted ‘anonymously’ on this and other Blogs. Why the label of ‘coward’ so often to these types of posters. I do not have a blog so the system assigns ‘anonymous’ to my postings. I can’t change that. Would you feel better if it said ‘Funky dude said….’? What do you think ‘anonymous posters are *hiding*? What are you looking for beyond the ‘anonymous’ label; my phone number, my address, my credit card number? Is this some elitist thing where only bloggers are allowed to comment? Sometimes I don’t understand people….

Tony

3 December 2006 at 00:34  
Blogger Donna said...

I'm surprised too Dale. My gut instinct would be to take on CN either via your union (which you have paid for) or by hiring a lawyer. But if there's a chance (and it sounds almost a fait accompli) that you will be reinstated, you could be putting yourself through more hell to achieve the same outcome. What a shit situation to be in Dale.

And just my tuppence worth on the anon issue ... Many people on the net adopt a pseudonym and change facts to maintain their anonimity - to be honest - that irritates me more. I have a friend in the real life, who has a blog with an alter ego, and I never know whether I'm reading about her or it's made up. I don't know where that leaves my opinion on anon, but I do believe that just as we have the right to blog about what we choose, if we have comments switched on, we are inviting opinion whether it be from a 'real' name or from an anonymous source. If it bothered Dale he could block anonymous comments.

3 December 2006 at 05:35  
Blogger Cuppa said...

I read this blog yesterday and was shocked to discover that you had indeed been fired. I was at a loss for words, so I walked away from the computer and went in seach of someone to talk to about it. AC was in the kitchen and couldn't believe the news either.

After mulling things over during the night, I came back this morning to re-read the facts to see if I got them straight. Surely you weren't fired for something you had no control over. But, you were! I can't quite process this, and I am sure you can't either.

My advice to you is to do nothing for these next few days. Walk away from it and let your emotions settle down a bit before you act. Seek out wise people who care about you to talk to and then take time to be quiet so you can hear that still small voice at the core of your being. It won't guide you wrong.

Take time before you act and listen to the wise cousel of friends, but really listen, listen, listen to that inner voice.

We out here in blogdom care about you and hope you have a peace-full week in spite of all this upset.

3 December 2006 at 10:00  
Blogger PBS said...

OMG, I'm so sorry to hear your news, Dale. You were totally right about them. And here I was hoping some miracle might happen to change the result. They are brutes to fire you at all, on trumped up charges, and especially this time of the year. But, as the saying goes, adversity makes one grow stronger. So maybe it's one of those nasty life lessons. But what a poor lesson plan, as I don't see what you could have done any differently. But you are strong and of good character. You'll get through it somehow!

3 December 2006 at 10:26  
Blogger Zulu said...

This absolutely sucks and I hate that you are having to deal with such mind games.

3 December 2006 at 19:40  
Anonymous Anonymous said...

This is just too too sad.

My husband was fired six years ago from a job he faithfully held for almost 25 years.

It did take awhile to see it, but it ended up being a very good thing.

The company doesn't even exist anymore.

Gee...I wonder why?

I wish there were words to make it better. There aren't. Just hang on. It may be a wild ride, but it will be worth it. It always is. Even when you can't see what's ahead. (actually...none of us can see what's ahead.)

Judy - Anybody Home
www.judyh58.blogspot.com

3 December 2006 at 23:13  
Blogger Heather Plett said...

Oh Dale, I'm so sorry. That really sucks and just seems so unfair.

Marcel was fired without just cause several years ago too and we went to see a lawyer about it. In the end, it just felt like too much added stress to have to go through a court case, so we didn't follow through. Two weeks later, he was offered a much better job at a better company. I pray that something similar will happen for you.

4 December 2006 at 15:01  

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