The father of Bryer Schmegelsky — one of two teenage killers who sparked a nationwide manhunt in 2019 — is suing his former employer for wrongful dismissal following his son’s highly publicized death.
Alan Schmegelsky filed the lawsuit in 2020, claiming he stepped away from his job at Scansa Construction Ltd. during the massive interprovincial search effort for his son and Kam McLeod, then was fired when he tried to return weeks later after police found the pair dead.
“The termination came at the lowest time of the plaintiff’s life and caused immense psychological injury,” the notice of civil claim reads.
Scansa Construction has denied all of the allegations, maintaining that Schmegelsky was welcome to return to work until he launched his legal action.
Details of the lawsuit emerged this week following a failed application from the defendant in B.C. Supreme Court.
Scansa Construction sought, among other things, to have the trial location moved from Vancouver to Victoria, where the company is based and where Schmegelsky used to live as an employee.
Justice Lawrence Robinson rejected the application, acknowledging fears from Schmegelsky that coming back to the city could “expose him to physical harm by persons seeking retribution” due to his son’s notoriety.
“Irrespective of whether the plaintiff’s concerns are justified, I accept that he has concerns and should not be required to travel and stay in a location where he feels unsafe unless there are compelling reasons for doing so,” reads Robinson’s reasons.
The claim and response
According to his lawsuit, Schmegelsky was a senior carpenter with Scansa Construction who was “excellent at his job” and “known for never failing to attend work.”
When the news broke in July 2019 that his son and McLeod, ages 18 and 19, were suspected of murdering three people while travelling through B.C.’s north, Schmegelsky said he told his supervisor he needed to leave due to feeling “psychologically unwell.”
The supervisor told Schmegelsky he would “find other work for him,” and to “take care of himself and keep him posted,” according to the claim.
The bodies of the two killers were located Aug. 7 in a remote area of northern Manitoba. Authorities said the teenagers had died by suicide, and left behind a digital camera with video-recorded confessions of their crimes.
Schmegelsky said he was fired over the phone on Aug. 13.
In its response to the lawsuit, Scansa Construction said that call began with Schmegelsky asking that his company-sponsored retirement savings plan be released to him, and that during the conversation he “gave the impression that he was moving on and needed a new start.”
“The plaintiff did not ask the defendant to come back to work, or state that he was ready to come back to work,” the response reads.
Scansa Construction said it reiterated that there was work ready for Schmegelsky once he was fit to return when contacted by Service Canada about him that September, and again when contacted by his lawyer that November.
It wasn’t until Schmegelsky launched his lawsuit, “thereby repudiating the employment contract,” that the company considered his employment over, according to Scansa Construction’s filing.
None of the allegations in the case have been proven in court.
The matter is scheduled to go to trial in January.
