Tracy's blog

I’m Tracy Au and I have graduated from the Professional Writing program from university. I am an aspiring screenwriter, so this blog is used to promote my writing and attract people who will hire me to write for your TV show or movie. I write a lot about writing, TV, movies, jokes, and my daily life and opinions. I have another blog promoting my TV project at www.thevertexfighter.blogspot.com.

Thursday, June 7, 2018

"Is rally attendance cause for dismissal without severance?"/ interviews


Sept. 9, 2017 "Is rally attendance cause for dismissal without severance?": Today I found this article by Daniel Lublin in the Globe and Mail:



Partner, Whitten & Lublin Employment Lawyers, Toronto

Afters everal attendees of last month’s white nationalist rally in Charlottesville, Va., were outed on social media and then quickly fired, Canadian employers are asking, “Can attending a white supremacist rally be grounds for dismissal?”

The answer is yes – but with several caveats.

Freedom of speech does not translate to freedom from workplace consequences.

Canadians are given the right to express their personal views, political preferences or ideologies, whether privately or in public. Although their opinions and behaviour may be perfectly legal, that does not render them immune from workplace discipline or dismissal.


Outside of unionized employees, an employer is well within its legal rights to discharge employees for virtually any reason, or for absolutely no reason at all, as long as a proper severance payment is provided. This is the beauty of Canadian dismissal law; paying severance makes just about any dismissal decision justified.

Technically, there is no difference between firing an employee because he or she identifies with white supremacists and firing that same employee because of restructuring. That employee has no right to challenge the basis for termination. And if a severance package is provided, there also should be no difference in the amount required.

The more interesting question is whether firing an employee for attending a rally can be seen as a form of misconduct such that there is just cause for dismissal without any severance at all.

This is where dismissal law gets tricky. Termination for any form of misconduct without pay is usually difficult for employers to justify as they first have to prove that the punishment fits the alleged crime. But if the correct conditions are met, it can and should be done.


If an employee is publicly outed on social media for his or her participation at a white supremacist rally, it could be cause for dismissal. Employers have a legitimate interest in protecting their brand and reputation, especially online.

As the mob mentality of social media is now more powerful than ever before, an employee publicly shamed online, even for privately held beliefs, can be indirectly causing damage to an employer’s reputation and putting that employer’s decisions in the spotlight. In the United States, several employers faced extreme backlash when their employees were outed for attending a rally.


An employer who does not take action in these circumstances could face far more negative publicity than an employer that takes quick steps to distance itself from that employee.

A more likely case for dismissal without severance is where there is some form of link between an employee’s behaviour and the workplace. Distributing hate propaganda to colleagues, posting flyers or pictures in the workplace or encouraging coworkers to agree with certain ideological beliefs is a more clear-cut case to deny severance.

Human-rights legislation across the country states that employers have a legal duty to provide workplaces free from harassment and discrimination, which extends to ensuring the actions of their employees do not create or even potentially create a poisoned workplace.

While holding certain views or expressing them privately is not illegal, bringing them into the workplace for others to see and hear is a form of indirect discrimination that could lead to a successful human-rights complaint against both the offending employee and his or her employer.


If other employees refuse to work with an individual who is identified as white supremacist, even if it is on his or her personal time, it could also lead to a court upholding a dismissal without severance.

In a recent case, an employee was terminated for misconduct after he was charged for possession of child pornography. In upholding the dismissal, the court found that the charges themselves were so detrimental to the workplace and employee morale that the employer had no other option but to immediately fire him.


What conclusions can we draw?

Employees are clearly allowed to hold personal opinions and views, even racist ones, without fear that their thoughts or prejudices will follow them back to their desk. This by itself it not grounds to dismiss for cause, nor could it ever be.

But once these views cause harm or potentially cause harm to an employer’s business interests, no employee should expect that any workplace law would protect them.



Apr. 6, 2018 Job interviews:

Law firm: I went to this interview in Feb. 2018.

Pros: 

1. It was close by with 1 bus.

2. It was good pay.

3. The hours were good like Mon.-Fri. 9am-5pm.

Cons: 

1. It seemed really hard like mentally.  I would write down all my notes and learn as much as I can.

It also seemed stressful.

My opinion: I would work there.  The interview was good.  She asked me questions about time management and prioritizing.  

She asked about dealing with all sorts of people because there are people of different races here.  I told her at my restaurant job we have a lot of different races there.

Apr. 18, 2018 Telemarketer #3: I have to write about it so I can get over it and move on.


I have worked at Telemarketer #1 and #2 jobs in 2012.  They were temp jobs to sell theatre tickets.  I worked for 4 days each and was dismissed because I didn't sell any tickets.  I found this place and applied a couple of times and got an interview in Feb. 2018.


They sell ad space for a magazine.


Pros:


1. It was in downtown.


2. It paid $16/hr.  If you pass training, it can go up to $21/hr.  3 sales a day and you can get commission. 


3. It was full-time.


4. I don't have to look for the leads.  The computer provides phone numbers for me to call.


Cons:


1. It's hard to sell things on the phone.  At least for me.


My opinion: I got hired.  I worked there for 2 days and was dismissed.  I wasn't a fit for the job and I didn't sell anything.  That's fine.


I was focusing on the positive like I worked at Call Centre #1, #2, and #3 to do surveys.


Call Centre #1: I worked there for 7 months and it closed down and laid me off.


Call Centre #2: I worked there for 5 months and quit to go back to college full-time.  I tried to get my job back the next summer and they didn't hire me.  The summer after that it closed down.


Call Centre #3: I worked there for 6 months.  After 3 months, they started really cutting down my shifts due to lack of work.


I also worked at the Office Job in 2013 which was a call centre.


I was hired with a black guy, white guy, and white woman all in their 20s.  I would have to say at least the woman A, after she saw me get dismissed she gave me this phone number and contact for Titan Advertising to get a job.  


I asked her if she's on Facebook and we kept in touch a bit there.


May 17, 2018 Kitchen helper: This restaurant was to open in June.  I did the interview last month.  The place didn't have a sign out so I had to call the cook on his cell phone.  He had to wave to me for me to see him.


Pros:


1. It was close by.  It was 2 buses to get there.


2. The pay is good like $15/hr.  


3. The hours are days.  It can be early like 7am.


4. I can do the job of prepping like chop vegetables like I did at the 2nd restaurant job.  Cook pastas and salads.


Cons: None.


My opinion: I really had a good rapport with the Cook.  He even wrote "yes" on my resume.  There was to be a 2nd interview by the end of Apr. or in the middle of May with the 2 owners.


It's like 3 cooks, 1 prep cooker, and 1 dishwasher in the morning and the same at night.

I never got a 2nd interview.  I'm not surprised.  I have low expectations.  I know the owners may see: "You have 8 people for me to interview for the 2nd round.  Cut it down to 5."

That's alright.  

Pizza Place- Team Leader: This was in Mar.

Pros:


1. It was in downtown so it was easy to get to.


2. The pay was min. wage.


3. I can do the job of pizza, salad, and cleaning.


Cons:


I see that I'm not a total fit for the job.  I had to do scheduling, take inventory, deposits.  I have never done that before.  I can learn, but they might not want to train.


My opinion: I didn't get hired, but I would work there.


Pizza Place- crew member: This was in Apr.  It was at the same place.


Pros: 



1. It was in downtown so it was easy to get to.

2. The pay was min. wage.

3. I can do the job of pizza, salad, and cleaning.

4. This was more of a fit for me with the food prep, and no scheduling.


Cons: None.


My opinion: It was a like a second chance.  However, I went to the interview, but I didn't get hired.  I showed interest and enthusiasm at both interviews.  I told them about my previous job experience at the Soup place and my current restaurant job.


I really showed I was a fit to work at restaurant.




My week:



Jun. 5, 2018 West Edmonton Mall: 

1. Kixs: The store closed down.  You can go to the Southgate Centre or the website to shop.


2. Crabtree and Evelyn: This store closed down.  It used to be at WEM years ago and it closed down and opened again in 2016.  Now it's closed.


3. Luxury Décor- this store opened in Nov. 2017 and now it closed down.  They sold expensive home décor.  That's the only they sold so that's why it closed down.  If you go to Pottery Barn and Bombay, they sell expensive home décor, but they also sold furniture like chairs and desks where it isn't something just to look at.


4. Winners and Homesense are now where Target used to be.  Marshall's (part of Winners) is moving into where the old Winners location was.


5. Sleep Country- it will open by the Bay.


Dress to Suit: I see this store when I ride the bus.  It has closed down.


City Centre: I also see Starbucks, Subway, and Mucho Buritto have closed down.  They're altogether.

Lil Tay:



Lil Tay, the vulgar nine-year-old Canadian social media star who’s been filmed doing everything from kicking a Rolls-Royce to literally throwing money with Jake Paul, has vanished from the internet. All of her Instagram posts are gone, and her YouTube channel has been totally scrubbed. Nearly every social media account associated with Lil Tay — including various management and the accounts responsible for leaking videos that revealed she was being coached — has been made private or deleted altogether.


Lil Tay’s disappearance follows several weeks of controversy for the preteen. In early May, it was confirmed that her mother, Angela Tian, had been fired from her job as a Vancouver real estate agent after Tay’s videos appeared to be filmed in as-yet-unsold luxury homes. Two weeks ago, the YouTube news source #DramaAlert revealed that Tay had been coached through her many crass videos by her teen brother, Jason Tian.


Days later, Tay and her mother appeared on Good Morning America to explain their side of the story to the world. “I didn’t shoot in anyone else’s house,” Tay told GMA’s Juju Chang. “No one has proof that I did.” A week later, a video surfaced on Worldstar of a young girl who looks like Tay smoking hookah. In a Twitter post from May 29th, Jason appears to confirm the video’s veracity.


My opinion: I first read about her in the National Post in the Edmonton Journal.  You guy are:

This is offensive, funny, both, or neither.

I would say it's mildly funny.  I am not offended.  This is a kid performing and it's totally fake.  This is entertainment.  Look at a 9 yr old white girl pretending to be a cool rapper.

As usual, my career- oriented self has to say this: "What if she grows up?  She goes to college, but there are these videos of her acting when she was a kid."  She will have to answer and say: "This is me performing as a kid.  That is not me now."  

MCAT: I have a co-worker M who is studying to get into medical school.  She told me about this test she has to take to get in:
https://www.kaptest.com/mcat/free/pop-quiz


Jun. 5, 2018 Dance teacher credentials: 


Also I saw in 2006 SYTYCD auditions.


A man in his mid- to late 20s.  He had black hair.  He was wearing a white shirt and black unbuttoned shirt over it.  He was wearing gloves.  It was bad dancing and he said he was a dance teacher.


Nigel: You have to give that money back.  It's stealing.


My opinion: That guy should not be a dance teacher.


There was a couple that used to date and then broke up.  They both auditioned.  The guy had brown shoulder length hair and sunglasses on.  He wore black button down shirt and black pants.  He was a bad dancer.

The woman had some weight on her.  She had long brown hair.  She wore a black dress.  She was bad dancer and she said she taught dancing.  

Woman: I saw an ad in the paper to be a dance teacher, no experience required.

There was a woman in her 20s.  She had curly blonde hair.  She wore a red top and black pants.  She did a contemporary dance.  It was mediocre.   

Woman: I'm a dance teacher.  I get a lot of requests to teach.

My opinion: This is so bad.  The dance teachers were teaching bad dancing.

University of Alberta Dance Club: Angela tells me about this because she's involved.

They have a professional dance teacher and they teach the teacher's assistants dance and then they teach to the students.

My opinion: I watched SYTYCD from the paragraphs above, I am in a sense afraid to spend money on dance lessons, because I could be learning bad dancing.

Well I would have to see and attend the actual class to make a judgement on it.

In Aug. 2010, I remember Angela and I went to see the dance club perform at Churchill Square.  The dancers were I would say amateur.  The students were probably all beginners.

I definitely remember the star of the show.  He was black man and he was dark skin.  He was wearing all white.  He had a lot of energy.


Hip hop dancing: My favorite kind of dancing is hip hop dancing.  I know how to do it so I'm not going to pay to learn it.  I don't know how to do any of the pairs dancing like ballroom, salsa, and tango and I don't have an interest in it.  So I'm not going to learn it.

Math tutors credentials: I've been to a lot of these.  They are all Asian.  They all helped me pass math.

Gr. 6, 7,8: I went to one who's name is Theresa.  She was a college student.

In gr. 8, there was another woman.  I forgot her name.  She was a college student.

In gr. 9, 10, 11: I went to this other place run by 2 men.  I forgot their names.  I don't know what their credentials were, but they did help me pass math.

In gr. 12: I went to the teacher's assistant for a month.  Then I went to this other man.  I think his name was Lawrence.  

Centre high: I upgraded my 4 courses there.  I then went to Alpha to tutor me.  He studied education at the U of A.  He said something about not wanting to teach kids with special needs.  It seems like he is the only one I actually remembered what his credentials were.

My sister was the one who helped me pass math the most.  She helped me like 20-25hrs a week on math.  She was an honors student all throughout school.  She got As in math.  She majored in business.

My opinion: It's easier to see and judge school teachers and tutors by their credentials when you look at the grades of the teacher and the student.

The highlight of the week:


The Detail: I saw the season finale, it was really good.  The whole 1st season was good. I don't know if it's going to be renewed or not.  


Instinct: I like this show.  It got renewed.


Tera Maxwell: I've been listening to this telesummit.



http://awakeningtoaffluence.live/interviews/



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