Tayler Verhaegen robbing a bank in 2014.

Image Credit: Contributed

A former Kelowna bank robber, who got fired because he wasn't very good at his new IT job, has been awarded $10,000 after the BC Human Rights Tribunal found the man's criminal past was a factor in his dismissal.

According to a recently published June 13 BC Human Rights Tribunal decision, Kelowna-based husband and wife firm MotiveWave Software hired convicted bank robber Tayler Verhaegen in early 2020 as a product support specialist.

He'd used a different last name and lied, saying he didn't have a criminal record. The company was a little desperate, but after interviewing him three times and googling him, they gave Verhaegen a job.

MotiveWave Software owners, Tony Lindsay and Leigh Carter, run the company from the basement of their home and were unaware of Verhaegen's criminal past.

In 2014, two days before Christmas, Verhaegen walked into the Bank of Montreal in Kelowna, jumped over the counter and demanded money.

He was arrested shortly afterwards and during numerous court appearances, Verhaegen's mental health issues became evident. He was sentenced to nine months jail for obstruction of justice after contacting witnesses, and ultimately, received nine months in jail for the robbery.

Lindsay and Carter knew none of this because he'd used a different last name, and while they liked his energy and enthusiasm, within days there were concerns.

He was unfocused and not progressing in his training, and was unusually demanding.

"He repeatedly asked questions and/or complained about the benefits, his equipment, and the office temperature, even after she had already addressed the issue," the decision read.

When it came to the actual work, things weren't going well.

"(Verhaegen) was not completing the online courses or training that he had been assigned by the other employees. He had a significant learning curve to surmount on certain issues and was not focused on learning about them," the decision read.

His demands were wearing thin, and he wanted the company to give him access to the backend of its website even though that wasn't his job.

Carter said no, but he kept asking.

The company's two other employees also raised concerns about his "demeanour and performance."

He pushed the issue about getting backend access to the website saying it was "imperative" and that unnerved the company owner.

"She says that he then got more 'aggressive' and was leaning on her desk... (Verhaegen) was not violent, but he was combative and continued to argue after she had said no several times. He was standing over her and waving his hands," the Tribunal said.

The couple decided to fire Verhaegen's after the incident.

The decision said that while Verhaegen had used a different last name when he got the job, he'd given them his banking information, which used his real name. He told them he was in the process of changing his name, and though they thought it was strange, they hadn't given it much thought.

After the incident, they googled his real name and found news articles about the bank robbery and a charge of obstruction of justice.

They called that night and told him he was fired.

During the call, Lindsay pointed out Verhaegen had lied when he said he didn't have a criminal record, and said, "As a father, I can’t have you working in my house."

Verhaegen explained his mental illness and said that he had gotten help and had taken responsibility. He suggested he could work remotely.

"However, Mr. Lindsay was resolute. The relationship had been tarnished, and the employment could not continue. Mr. Lindsay did not ask any questions about the circumstances of the convictions or (Verhaegen) rehabilitation. He offered to give... a reference," the Tribunal said.

Verhaegen replied, "This is going to be very expensive for you."

The day after he was fired, he filed the human rights complaint.

The next day the company sent him a letter saying, "The reason for termination of your employment is that we have determined you are not a good fit with the team or the tasks assigned to you."

Under BC Human Rights law, an employer can't discriminate because a person has been convicted of a criminal offence if it is unrelated to their employment.

MotiveWave argued that Verhaegen's conviction was violent and threatening, and as he worked in their home that was related to his employment.

However, the Tribunal didn't buy it.

"It is not enough to say that someone has committed a crime that harmed people (as Verhaegen did) and therefore cannot work in an office in a home with children in it. The law requires a more nuanced and contextual analysis," the Tribunal ruled. "(Verhaegen) did not pose a threat to its business or the children."

The Tribunal parses through multiple legal arguments, as well as the circumstances of when Verhaegen robbed the bank.

"He was dealing with an undiagnosed and untreated mental illness. He was in his early 20s and, by his own admission, immature and unwell," the Tribunal ruled. "After 2017, (Verhaegen) finally got the medical treatment he needed. He has been diagnosed, is using medication, and is under the care of a psychiatrist. He understands the triggers that can threaten his mental health."

The Tribunal ruled that while the company were going to fire him anyway for valid reasons, his criminal conviction was part of that reason.

"A violation of a person’s human rights is a violation of their dignity," the Tribunal said. "Any case involving the termination of employment is inherently very serious, and would typically attract the top end of the Tribunal’s awards."

Ultimately, the Tribunal ordered the company to pay Verhaegen $10,000 in compensation.

To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here.

News from © iNFOnews, 2025