Q & A Table of Contents
The Mining Company Wants To Shaft Me
From: George, Nova Scotia
Question: I worked for a mining company underground for 25 years less 41 days. The company announced closure and gave out 25 year pensions. Because I worked 41 days less than 25 years, I got no pension at that point.
After they laid every one off they decided to keep the company going, with a small work force. Is there any thing I can do?
Oh by the way this company was owned by the federal government of Canada, and was a Crown corporation.
I injured myself on December 5th, and since then I have been on worker's compensation, and according to the doctors I'm going to be on it past my 25-year point.
Since I did not take my severance as of yet, the company has been calling me to go in and take it. I told them that I wasn't ready yet but they said that I had to go in and sign off by Jan 28th. I understand with the sign-off form you state that (the company) is not responsible for anything and they cannot be held liable for anything. Now people on workers compensation in Nova Scotia, cannot be terminated from their employment, I am being told. My question is should I sign the form (the company) has or should I wait until I'm off workers compensation?
Response: You're facing a challenging situation. Perhaps some of these thoughts can help you take appropriate action:
If you belong to a labor union, I should imagine you should be in touch with whatever department the union has relating to workers compensation, retirement, and the other issues you've raised.
If you are not a union member, it could make sense to go for advice to a number of possible sources: the provincial employment service; local lawyers with expertise in labor relations, workers compensation, and retirement; people with whom you've worked who have some experience with these issues; or perhaps your favorite member of the clergy.
In the States, most lawyers do not charge anything for an initial visit. You might want to visit a number of lawyers -- if they don't charge -- to see which one(s) seem most compatible with you. Again, your friends & neighbors may be able to tell you which lawyers are most likely to be helpful.
Because your situation is Canadian, it would be unwise -- or even unfair of me to presume to advise you on your legal rights and obligations. Since the company wants you to sign a legal document, you do need to know what those rights & obligations are before you can make an informed decision.
On the face of it, I cannot understand what you would gain from signing the company's document. Are there any benefits they can withhold from you if you don't sign. If their January 28th deadline is simply a "Do it by then or else." you need to ask yourself, friends and co-workers -- and the company, "Or else what?".
Keep your personal interests in mind, and don't let the apparent power imbalance force you into any unwise decisions or actions.
Good luck,
Steve
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