Sniffer

Hi Guys,

So I was recruited by a Canadian company to work for them in Alberta, signed a 2 year contract whereby I would work minimum X hours/week and arrived here ~6 months ago

The project I was on has just ended so Ive been laid off - the company now say I can claim EI and that they hope to have more work for me in a week or two (its very vague to say the least)

To expand a little on the company they are quite large with several divisions and I asked one month ago when the rumours of layoffs began if my job was secure - I was told by the head guy that the company had a scheme in place whereby if the division I was currently working for didnt have work I would be placed with another division (which is super busy apparently) until things picked up again

So fast forward a month and I`m laid off despite being assured this wouldnt happen and having a contract which states I should have X amount of paid hours of work each week

Is this legal? What are my options? I assume CIC or Service Canada are my best bets

Thanks in advance

ExKiwilass

Yes, it's legal. It sounds like there has been a big work slowdown and it's not uncommon for layoffs to happen.

Are you eligible for EI on a TWP?

Siouxie

http://humanservices.alberta.ca/docu...emp-Layoff.pdf

Ask them if they can give you a temporary lay-off instead, you can still claim EI but should business 'pick up' they have to recall you to work (if within 59 days of the layoff notice). Your TWP will remain valid for that employer as well and provided you get a recall, I believe you will be deemed to have been in continuous employment. With only 6 months work, your EI benefits won't last long.

Could you ask if you can get a temporary transfer to the other unit?

http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml and http://www.servicecanada.gc.ca/eng/e...fits.shtml#Who

Aviator

Depends in part on the terms of the contract and any clauses for the situation you are now in. For that you would be best to to consult an employment, under the circumstances, that is the first place I would go. http://www.lawsociety.ab.ca/about_us...tives_a2j.aspx

Under AB employment standards without any contractual obligations, temporary
layoffs are legal.

Look up Alberta Employment Standards Act. If they don't bring you back or the layoff extends longer, it may be considered a permanent layoff, for which you are entitled to one weeks severance in lieu of notice.

Neither CIC nor service Canada can help you with employment issues. On a TWP you are likely tied to the one employer, so if they don't bring you back you are unlikely to be able to seek work elsewhere without a new LMO.

januarymix

Sorry about the situation, Sniffer. Hope it all works out OK, mate.

the undutchables

While your lay off may be temporary ( fingers crossed) I would start to apply to other companies that can give you a TWP and can get an LMO. It can take a few weeks to get an LMO, so start as quickly as possible.

Unfortunately, in my experience, Canadian employers will tell you what they think you want to hear, not necessarily the truth. Are you in construction?

januarymix

Spot on.

Why is this, do you think, the undutchables?

And do you think one has to be like 'them' to live with 'them'

Sniffer

Thats my plan - I will be contacting other companies today with a view to doing just that and yes I am in construction

I want to know EXACTLY what the official view is of whats happened in my situation taking into account the contract which states I shall be employed for X hours per week (I always worked waaay more than stated) and has no mention anywhere of layoffs

Its also worth mentioning that I have emails from when I was recruited where I asked specifically if there was ever a time when work would slow up sufficiently to result in a layoff and the reply (from the HR people in the company) clearly states that "there may be times when work slows down in one division and people need to move to the other, so yes theres long term stability"

I have to agree about being told what they think you need to hear as opposed to the truth - this employer has told me so many lies and even when he had to know that this was going to end like this he still told me to my face that there were safeguards in place to ensure that I would still have employment/income, which has now been proven beyond doubt to be complete BS

Sniffer

Thats what I`m starting to think - I`m a pretty fair guy and have always believed I should treat people as they treat me so when I came to Canada and saw how some of the employees viewed their jobs/employers (zero loyalty etc etc) I was a little shocked but its all beginning to become clear as to why

Sniffer

Thanks Floatsy - appreciate it

Crazy thing is theres lots of work here, particularly for my occupation so I`m reasonably optimistic but its still disappointing that I feel like Ive been lead up the garden path and fed a bunch of BS

cheeky_monkey

Welcome to Canada!!

Sniffer

Thats whats been promised all along (even from the outset - read my previous post regarding what was supposed to happen if things slowed down) but when it came to the crunch that wasnt what happened

As I understood it I am "Temporaily laid off" as they claim they are trying to find work for me - how can I find out for sure? Ask them?

Sniffer

Indeed

Incidentally has anyone else noticed that "The Buddy System" is thriving in Canada - by that I mean that it doesn't seem to matter how useless you are at something or how badly it goes if you happen to be friends with the correct person it`ll be covered up and you`ll get another shot

If you're not in the "Buddy Club" then the normal rules apply - you`ll get persecuted for any goof ups to the max

I know this happens everywhere to some degree but I have never seen it as prevalent as in Canada

I should mention that I have not experienced any advantage or disadvantage from the "Buddy System" but its hard not to notice it

Siouxie

It should be in your layoff notice. Unless it says 'temporary' then it's a standard layoff.

Were you using them for PNP or anything?

Were you in any kind of Union?

If it's any consolation, this has just happened to a Canadian friend of mine - told his job was secure and then got a layoff notice 2 weeks later (just before Christmas). He's an engineer and because he is in a Union he has recall rights but his was a permanent layoff due to downsizing.

There is no job security here.

Sniffer

What if theres a contract stating that I will work/be paid for X hours per week? Does that change things?

I intend to figure out exactly where I stand (if what they have done is legal etc) and then based on that meet with the HR people and discuss my position/options

I was thinking of putting something in writing to my employer stating my current position (been laid off which was unexpected as it didnt mention this anywhere in my contract and there were supposed to be sufficient safeguards in place like transfers etc to prevent this) with supporting evidence (copy of contract, copy of emails explaining what would happen in the event of a slowdown and stating that there is long term stability) as well as what I plan to do about it (pursue it legally if whats been done is illegal and contact other companies with LMOs with a view to employment as I view this as breach of contract)

I`m confident that the HR people will be giving me EI forms so would I be right in thinking that if I accept these I am indirectly vindicating their treatment as being fair? Would I be better to refuse on these grounds or accept them but ensure that there is a note made that in doing so it is "Without Prejudice" or similar in that I am accepting them while not agreeing with the principle of having to so?

Thanks for the link Aviator - appreciate it