Layed off polocies?

[delco21]

Ok maybe someone on here can help me out. I was laid off at work due to a shortage of work. Then not even 2 weeks later they hired a new person for my position.

What are my options in this case? Do i have a recourse?

[Eleanor]

Maybe they layed you off cause you couldn't spell policies. :dunno:

Honestly though, I don't think them lying about the reason they layed you off is enough to consider legal action.

Could be wrong though.

[alloroc]

Need details.

How long have you been employed.

Where you full time or part time.

What kind of work.

etc etc


Originally posted by delco21
Ok maybe someone on here can help me out. I was laid off at work due to a shortage of work. Then not even 2 weeks later they hired a new person for my position.

What are my options in this case? Do i have a recourse?

[delco21]

Ok I was there about 5 months, full time. I was the warehouse shipper/ receiver

[alloroc]

Originally posted by delco21
Ok I was there about 5 months, full time. I was the warehouse shipper/ receiver

I would talk to a paralegal or a lawer.

[mac_82]

or just google "wrongful dismissal law".

[broken_legs]

If you are "let go" they have to pay you a week of wages

I think thats all you're going to get out of this

[revelations]

These guys generally lay off people if they dont like you or your work ethic.

I worked for National Fast Freight and they had guys come and go like the wind.

[frozenrice]

Sometimes it's about the dollar. If you are getting paid too much, they'll let you go, and hire two people for less than what you were making.

[broken_legs]

Originally posted by frozenrice
Sometimes it's about the dollar. If you are getting paid too much, they'll let you go, and hire two people for less than what you were making.

I'm pretty sure thats illegal without arranging a severance package for the higher paid employees

[510-Trevor]

From: http://www.law-faqs.org/ab/l-lay-09.htm


Can my boss end my employment while I am on temporary layoff?

Yes, but he or she has to give you termination pay in accordance with your length of service.



If they didn't give you a weeks termination pay (for employment of more than 2 months, but less than 2 years) then they owe it to you. Otherwise they are within their rights according to that website.

[Boat]

the most you can get out of this is like 2 weeks pay

[badatusrnames]

Originally posted by Eleanor
Maybe they layed you off cause you couldn't spell policies.

Laid off.

[BigDannyCool]

aren't warehouse jobs available everywhere?

[BlackArcher101]

It's not wrongful dismissal. An employer has the right to fire/lay you off at any time without cause. However, they must do it right. If they don't give you proper notice and make you leave, then they owe you the "severance" pay you would have earned during that portion after getting notice. If they had a reason (like stealing from the company), you can be fired on the spot, not work a day and not earn another penny.

So when you were laid off, did you work after the notice or did they walk you out the door right away?

[delco21]

I was laid off and got severence pay BUT they said it was due to lack of work available. Then 2 weeks later they hire a new guy. But 2 weeks ago there was not enough work coming. Can they do that

[hrdkore]

well did they tell u straight up that there was no work? cuz if they did and u know that they hired a new guy. Then i would say u need to report to human resources and file a complaint and such. I think that's the right course.

[2002civic]

Originally posted by delco21
I was laid off and got severence pay BUT they said it was due to lack of work available. Then 2 weeks later they hire a new guy. But 2 weeks ago there was not enough work coming. Can they do that

were you in a union? if not then yes they can. They probably thought you sucked at the job and didn't want to tell you that

[BlackArcher101]

Originally posted by delco21
I was laid off and got severence pay BUT they said it was due to lack of work available. Then 2 weeks later they hire a new guy. But 2 weeks ago there was not enough work coming. Can they do that

That's 100% perfectly legal. You got your dues instead of the appropriate notice. They don't need a reason to fire you, unless like a poster mentioned you were in a union. Suck it up... you obviously sucked at your job and they felt someone else was better suited for it. They just didn't want to tell it to your face. I've been with a company that won't even give a reason... they'll just walk a person out the door with no notice and a cheque in hand. Nothing you can do at that point.

If memory serves me correctly, I think they only owed you for 1 weeks pay since you were there for only 5 months. If you got 2 weeks, consider that a bonus.

[ianmcc]

They were being considerate; by laying you off you are eligible for EI benefits. If they fire you you cannot claim benefits.
I think you need to look at why they would lay you off, then replace you two weeks later. Something about you or the job you were doing wasn't what they wanted from an employee.

[JeremyD]

You gotta work 6 months to get EI last I heard.

[Xtrema]

First of all, to collect EI in Calgary area, you'll need 700 hr of insurable hours which is just short of 5 months. You should qualify.

Since it's a layoff for shortage of work, you will get EI. But since they hire someone immediately after your leave and it is the same position, it contradict what your pink slip say.

So if you collect EI, the employer MAY get into trouble for sending people into EI program.

But other than that, I don't think the employer has any legal issue on this.

There are shit load of warehouses in town, just go find another job. But make sure you know why you got replaced so you won't repeat the same mistake.

[ianmcc]

The layoff is separate from hours required, I agree. Irregardless of how many hours you work, if you are fired you will most likely be ineligible to collect anything. In that regard, they kinda helped you out.

[IRL]

get over it, you only worked there for 5 months and it was a warehouse job! There are hundreds if not thousands of these available in Calgary.