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Re: LMO/TWP & Laid off
Originally Posted by Siouxie
(Post 11089226)
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. Thankfully I wasnt far enough down the road to get to PNP yet I am in a union (CLAC) - can they help? I am beginning to see that while job security may be promised it certainly wasnt delivered in this instance |
Re: LMO/TWP & Laid off
Originally Posted by Siouxie
(Post 11089226)
There is no job security here.
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Re: LMO/TWP & Laid off
permanent doesn't necessarily mean permanent either. Plenty of people laid off from 'permanent' jobs.
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Re: LMO/TWP & Laid off
check with your union.
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Re: LMO/TWP & Laid off
Originally Posted by ExKiwilass
(Post 11089253)
check with your union.
Sadly this shit happens a lot here. I wish the OP good luck in its resolution. Starting the PR process as soon as possible is always a good idea. |
Re: LMO/TWP & Laid off
Originally Posted by Sniffer
(Post 11089240)
I never got one - when should that appear?
Thankfully I wasnt far enough down the road to get to PNP yet I am in a union (CLAC) - can they help? I am beginning to see that while job security may be promised it certainly wasnt delivered in this instance Yes, your Union is there to help protect you (in theory, anyway). Contact an employment lawyer to go over your contract, contact your Union Rep or main Union office and ask them for assistance. Some Unions have agreements in place with employers that specifies what must happen in this kind of event. http://www.clac.ca/pages/join-the-cl...its-of-a-union http://clac.ca/pages/faqs :) |
Re: LMO/TWP & Laid off
Originally Posted by Siouxie
(Post 11089323)
You should have been given a layoff notice when they told you.
Yes, your Union is there to help protect you (in theory, anyway). Contact an employment lawyer to go over your contract, contact your Union Rep or main Union office and ask them for assistance. Some Unions have agreements in place with employers that specifies what must happen in this kind of event. http://www.clac.ca/pages/join-the-cl...its-of-a-union http://clac.ca/pages/faqs :) It may be that his company wanted to keep him, but the Union's seniority rules meant that other union members who had been working longer got priority. |
Re: LMO/TWP & Laid off
Originally Posted by the undutchables
(Post 11089024)
Canadian employers will tell you what they think you want to hear, not necessarily the truth.
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Re: LMO/TWP & Laid off
Originally Posted by Sniffer
(Post 11089233)
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 All the employer will give you is a record of employment (ROE), it is not EI forms. This will give the reason they laid you off and if it is temporary or permanent and when any return to work is likely. Doubtful claiming EI is going to affect the contract validity, not claiming may affect your finances. You should also get a T4 soon if not already, this is required for filing taxes and everyone gets one. A lawyer is the best one to advise on the contract. It appears the employer has not contravened the employment standards, but if there is a breach of contract, your only redress is through the legal system. |
Re: LMO/TWP & Laid off
Originally Posted by Aviator
(Post 11089411)
You should talk to en employment lawyer. A contract can be a complicated document. It can say one thing in one clause and invalidate that in another condition somewhere else.
All the employer will give you is a record of employment (ROE), it is not EI forms. This will give the reason they laid you off and if it is temporary or permanent and when any return to work is likely. Doubtful claiming EI is going to affect the contract validity, not claiming may affect your finances. You should also get a T4 soon if not already, this is required for filing taxes and everyone gets one. A lawyer is the best one to advise on the contract. It appears the employer has not contravened the employment standards, but if there is a breach of contract, your only redress is through the legal system. Thanks again |
Re: LMO/TWP & Laid off
Good luck.
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Re: LMO/TWP & Laid off
The trouble with Canada is that as you say its not what you know its who you know...and companies can be very clique as well...if you push the wrong buttons pursuing contracts and compensation etc esp if on TWP..then they can spread the word around other companies to such an extent it would make life very difficult to get employment elsewhere locally in the same field.
I would be very discreet about who you talk to union or otherwise if i were you. |
Re: LMO/TWP & Laid off
Originally Posted by cheeky_monkey
(Post 11091130)
The trouble with Canada is that as you say its not what you know its who you know...and companies can be very clique as well...if you push the wrong buttons pursuing contracts and compensation etc esp if on TWP..then they can spread the word around other companies to such an extent it would make life very difficult to get employment elsewhere locally in the same field.
I would be very discreet about who you talk to union or otherwise if i were you. It isn't fair, and hard not to try to hold them to account, but it won't do you any favours. |
Re: LMO/TWP & Laid off
I would also be prepared to find out the Union are totally useless - though maybe that is just a NS thing and Unions out west are much more for the worker rather than for themselves.
Good luck! |
Re: LMO/TWP & Laid off
Are employment contracts common in Canada? I only ask as i've never had one, just the standard outline of employment, usually just a paragraph or 2, but its not what I'd call a contract, doesn't outline anything really.
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