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View Full Version : Boss going back on word??



Super_Geo
06-11-2003, 11:06 AM
I got let go from one of my jobs about a week ago. My boss said I had the option of either resigning or getting fired, so I resigned. First of all, she wouldn't provide me with a reason at all. She said that I'd only been working for her for a month and a half and that wasn't long enough to warrant having to give me any reason other than 'you're just not fit for the job' (which I think is BS, cause I've made all the deadlines and am doing better work than most of my co-workers).

Anyway, that's not the real issue. She said that I'd still get paid until the 20th of June. I just checked my account today and I saw a deposit from my work for $31.00. I used to get $440 a week, so that's obviously not a weekly or bi-weekly check, and it seems that they only do that when they're clearing the account out. So having told me that I'd get paid until the 20th, can she go back on her word and not do it?

Fluidic
06-11-2003, 11:16 AM
Where did you work? Hey, at least you weren't "fired" per say -- looks better on the resume! :thumbsup:

Peter

Mikaldor
06-11-2003, 11:28 AM
Did you get anything in writing, wrt the payments until the 20th? If not you could be hooped, since it would be a case of your word vs hers.

4wheeldrift
06-11-2003, 12:12 PM
Most jobs you are probationary for the first three months. Any time inside that three months they can fire you for no reason whatsoever. But they should have told you this was the case before hand.

As for not getting the pay you were promised, if you didn't get it in writing you are SOL. You can complain to the labour board or take them to court but without proof you don't have a leg to stand on.

FiveFreshFish
06-11-2003, 05:39 PM
Originally posted by 4wheeldrift
Most jobs you are probationary for the first three months. Any time inside that three months they can fire you for no reason whatsoever...

...and give zero compensation if they choose to do so.

Zephyr
06-11-2003, 05:40 PM
i might lose my job here too so dont worry, DAM U GRAY DAVIS stupid california governor... 4800 ppl working for the government losing jobs...

Super_Geo
06-12-2003, 02:07 AM
Thanks for the info, guys.

I called my boss and she basically said "oops, I forgot about that." When I reminded her of her end of the deal, she said that it might be too late, and that it's already been sent to accounting.

I guess it was under 3 months, but some heads up that I might have been losing the job would have been nice. Maybe a little "you need to [fill in the blank] or else you'll lose your job" would have done the trick instead of just firing me out of the blue. Peronsonally, I thought I was doing a really good job. Also, it's a summer job that only lasts for 3 months that's given out to university students. I mean, this was supposed to knock out next year's tuition :rolleyes:

I figure there's really nothing I can do about it, but for a boss to just say "fuck off" to an employee and not even bother giving them a few week's pay so that they can find other work (other people who have been fired or resigned got 2 week's extra pay) can leave said employee very pissed off. And when that certain pissed off employee still has a boatload of employer contracts, copies of birth certificates and other information that the company needs returned (and would be a pain in the ass to reproduce) AND the boss' login ID and password to the network where the boss' ID has the power to terminate jobs, give raises and erase contract information is probably not the best way to go about things.

4wheeldrift
06-12-2003, 06:53 AM
Originally posted by Super_Geo
I figure there's really nothing I can do about it, but for a boss to just say "fuck off" to an employee and not even bother giving them a few week's pay so that they can find other work (other people who have been fired or resigned got 2 week's extra pay) can leave said employee very pissed off. And when that certain pissed off employee still has a boatload of employer contracts, copies of birth certificates and other information that the company needs returned (and would be a pain in the ass to reproduce) AND the boss' login ID and password to the network where the boss' ID has the power to terminate jobs, give raises and erase contract information is probably not the best way to go about things. And using all that information for something illegal or to cause damage is an even worse idea, because if the police get involved it isn't going to take them long to figure out who it was.

mwmhong
06-12-2003, 07:51 AM
Originally posted by Super_Geo
I called my boss and she basically said "oops, I forgot about that." When I reminded her of her end of the deal, she said that it might be too late, and that it's already been sent to accounting.

Did you ask her to pay you what you are owed on the next cheque run? :dunno:

'too late'=:bullshit:

Super_Geo
06-12-2003, 09:52 AM
Originally posted by 4wheeldrift
And using all that information for something illegal or to cause damage is an even worse idea, because if the police get involved it isn't going to take them long to figure out who it was.

Oh, I'm not going to do anything illegal with those documents. Though, it is hard to get coffee stains out of documetns. Even worse when it's completely drenched. Oh well, shit like that happens though. What can you do.

jdmakkord
06-12-2003, 10:06 AM
labour laws state that an employer can fire you within the first 3 months with out a reason at all. After that they have to fill out on your tax forms why you were released.

FiveFreshFish
06-12-2003, 05:54 PM
With some companies, the probation period can be up to 6 months.

Khyron
06-12-2003, 08:16 PM
I thought the same as you guys until I got nailed. In ALBERTA a company can fire your ass, and not give a reason - no matter how long you've been there.

So watch your butts, get off the net and get back to work! :guns:

Khyron

4wheeldrift
06-12-2003, 08:22 PM
Originally posted by Khyron
I thought the same as you guys until I got nailed. In ALBERTA a company can fire your ass, and not give a reason - no matter how long you've been there.

So watch your butts, get off the net and get back to work! :guns:

Khyron You can get fired at any time, but after you are off probationary they have to tell you why you were fired by way of your employment record. They don't even have to give you notice if you are being laid off.

Khyron
06-12-2003, 08:49 PM
Originally posted by 4wheeldrift
You can get fired at any time, but after you are off probationary they have to tell you why you were fired by way of your employment record. They don't even have to give you notice if you are being laid off.

No, in ALBERTA they don't have to tell you shit. You've been in the company for 3 years, I am hired as your boss. You piss me off - I fire you without cause and there's nothing you can do about it. 3 written warnings, etc - that's all for "cause". You can get UI because it was not cause (stealing, etc) but they do not have to tell you why. Because it's without cause, you get the severance pay (2-3 weeks paid) which you may or may not have to work during.

Do you get the feeling I went down this road recently? :banghead:

Khyron

FiveFreshFish
06-12-2003, 08:59 PM
Severance amount depends on the company. I got 27 weeks of pay severance plus cash I put into the pension plan for 7 years' service.

The company I now work for paid out a girl for something like 11 months of pay because she claimed wrongful dismissal and retained a lawyer. She only worked with us for less than 2 years.

4wheeldrift
06-12-2003, 09:05 PM
Originally posted by FiveFreshFish
Severance amount depends on the company. I got 27 weeks of pay severance plus cash I put into the pension plan for 7 years' service.

The company I now work for paid out a girl for something like 11 months of pay because she claimed wrongful dismissal and retained a lawyer. She only worked with us for less than 2 years. You got laid off? I've never heard of anyone getting severance for being "fired" before.

FiveFreshFish
06-12-2003, 09:16 PM
Originally posted by 4wheeldrift
You got laid off? I've never heard of anyone getting severance for being "fired" before.

Yep, sorry I should have clarified.

4wheeldrift
06-12-2003, 09:24 PM
Originally posted by Khyron


No, in ALBERTA they don't have to tell you shit. You've been in the company for 3 years, I am hired as your boss. You piss me off - I fire you without cause and there's nothing you can do about it. 3 written warnings, etc - that's all for "cause". You can get UI because it was not cause (stealing, etc) but they do not have to tell you why. Because it's without cause, you get the severance pay (2-3 weeks paid) which you may or may not have to work during.

Do you get the feeling I went down this road recently? :banghead:

Khyron They still have to tell you why you were fired by way of your ROE. That little piece of paper you get from the federal government showing how long you worked there, how much you made during that time and WHY YOUR EMPLOYMENT WAS TERMINATED is essential for you to get your UI, and the company HAS to fill out the check boxes that say why you were fired/laid off/left. They don't have to tell you anything to your face if you are fired, but your ROE has to be properly filled out and filed, and you can protest what your ROE says as well. But if my boss "fired' me just because he didn't like me, I'd drag his ass into court and in front of the labour board for wrongful dismissal. Not because I would want my job back, because I wouldn't want to have anything with a firm that pulled crap like that, but on general principal. Fired for a justifiable reason is ok, being fired for nothing and then falsifying evidence is some serious shit and the company can't get away with it.

Khyron
06-12-2003, 11:05 PM
Sigh. Look it up if you want - I had lawyers involved. Your record of employment says "Without Cause". Which means "No Reason". And it's legal. And yes, it's a loophole for race, religion, and everything else you can think of.

Here's a taste:

The Alberta Court of Appeal upheld the decision of Justice Murray of the Court of Queen's Bench who ruled the inclusion of "termination without cause" clauses in teacher contracts of employment to be void because they constitute an attempt to evade the School Act. The Association has contacted all boards known to be using the clauses despite the earlier ruling.

But they are union - the rest of us fall under it.

Layoff is a trickier one that companies don't like using. It's never happened to me, but in passing I believe the actual position has to be abolished for a fixed period of time. Ie, you can't lay off your secretary then hire another one the next day.

Anyway - I've been stable at my work for a few years now so the topic isn't exactly current for me - I just wanted to maybe help someone else prevent themselves from getting burned thinking "they can't fire me" when in fact they can, oh they can....

Khyron

ryder_23
06-12-2003, 11:23 PM
AFter the probationary period, usually 3months or so many hours...if you are a FULL TIME employee, they hafta tell you why, and explain, not sure without notice, but i heard some have to compinsate...if your full time and wanna quit, u gotta give em 2 weeks or more as stated in some contracts, but if your part time, you just quit and your done, i know this, because i have quit a few jobs that are part time, i say no notice, and just be done with it.

4wheeldrift
06-13-2003, 06:57 AM
Originally posted by Khyron
Sigh. Look it up if you want - I had lawyers involved. Your record of employment says "Without Cause". Which means "No Reason". And it's legal. And yes, it's a loophole for race, religion, and everything else you can think of. The ROE form has NO space for without cause. There is a space for dismissal, or other. If they use the other checkbox, they have to specifically state why you were let go. You can go to the government of canadas website and find out all about them if you don't believe me. Falsifying information on a form like that is considered perjury, and you can be subject to criminal penalties for it.


Originally posted by Khyron
Layoff is a trickier one that companies don't like using. It's never happened to me, but in passing I believe the actual position has to be abolished for a fixed period of time. Ie, you can't lay off your secretary then hire another one the next day. If you get laid off, the company is obligated by law to re-hire you if your position is needed again within a certain amount of time. It does happen sometimes, but is pretty rare. Usually by the time most companies might need you back you've already found another job.


Originally posted by Khyron
Anyway - I've been stable at my work for a few years now so the topic isn't exactly current for me - I just wanted to maybe help someone else prevent themselves from getting burned thinking "they can't fire me" when in fact they can, oh they can....Anyone who thinks they can't be fired is just asking for a reality check. No one is indispensible, and you have no protection against it.

mwmhong
06-13-2003, 08:14 AM
Originally posted by 4wheeldrift
You got laid off? I've never heard of anyone getting severance for being "fired" before.

Hehe. Well I'm the first person then, because I have been fired and received severence, but I had to sign off on taking legal action. :D

I have also been laid off and I didn't get squat. Boo! :thumbsdow