Need advice on workplace release

[Shlade]

I'm not 100% sure if I have a leg to stand on here.

I've been with xx company for 3.5 years, on April 11th I was called in, had a meeting with the manager and HR lady.

Convo:

"As you are probably aware we are doing some department reconstructing"
Me: I'm aware sort of?
Manager: effective immediately xx company no longer requires your services

At this point he handed me my letter.

The letter reads "as this is a without a cause termination you will be receiving 2 weeks of termination pay"

Now, as far as I'm aware I need to be on either probation (wasn't) they need to have some sort of paper trail against me (they don't) and I needed to have some sort of talk with supervisor(s) (I didn't)

Now this xx company has been known to release their employees without cause and they do try and screw them over. At this point being left unemployed and not getting a good severance package at all... Being let go without cause (my position still very much so exists... Sources I still have within the company tell me the position has already been filled)

Has anybody dealt with something like this before? This company has been known to pay out more if threatened with legal action.

Since this was sudden, the extremely poor "termination pay" they gave me I need advice on what I could do here

[Mitsu3000gt]

They don't need cause of any kind if they pay you severance, but it looks like they screwed you on the severance.

What I can't find is the legal minimum severance pay, but I believe it's 2 weeks for every year worked. A quick search suggests it's only 2 days pay for every year worked, but I thought it was more than that.

Sorry to hear about your situation...my company recently did lay offs and it blows.

[Shlade]

I'm not going to lie its probably the best thing that could of happened to me as now I got the motivation to go to school.

However they screwed me on the pay.

[410440]

http://humanservices.alberta.ca/documents/Termination-of-Employment-and-Temp-Layoff.pdf


This will answer your question.


But in short:

2 weeks for employees with 2 + years but less than 4 years.
4 weeks for employees with 4+ years but less than 6 years.

[Kloubek]

Holy crap - my company needs to give me 8 weeks if they fire me?

Time to start drinking and smoking dope in my office....

Seriously Shlade, sorry to hear about that. If the position still exists then I do think you have a case for wrongful dismissal...

[EK69]

Sounds like they got rid of someone they paid more and found a cheaper and newer person to do the same job?

And sounds like a pay in lieu of notice type thing not a severance package

Shitty deal tho

Is there something that happens at the 4 year mark?
Like a huge pay bump or something else significant that they are trying to avoid by letting u go early?

On the plus side if u think it's a good thing as it gives u motivation and time to go to school at least u can get EI while in school part time (3 classes or less not including evening and weekend and online classes )

Make sure the reason for separation says lay off on it and not some other bullshit in order to avoid issues with EI (a common one employers use is the code "k" Which means "other" and then don't explain shit which can cause delays with processing as manual intervention is then required)

[Shlade]

Essentially they just paid me my 2 weeks. Can't even say it was any sort of package.

Considering I've been there so long and probably make a tad bit more than the person who replaced me that may of been enough reason for them to let me go..

[turbotrip]

Originally posted by Kloubek
If the position still exists then I do think you have a case for wrongful dismissal...

im pretty sure he does not

[Aleks]

Originally posted by Kloubek
Holy crap - my company needs to give me 8 weeks if they fire me?

Time to start drinking and smoking dope in my office....

Seriously Shlade, sorry to hear about that. If the position still exists then I do think you have a case for wrongful dismissal...

If you work for a decent company it will be more than that. Typically it's 2 weeks per year worked.

[403ep3]

Originally posted by Aleks


If you work for a decent company it will be more than that. Typically it's 2 weeks per year worked.

Yeah its more of a minimum they have to pay you. I got severence pay for a job 5+ years ago and I got around 2months for working there 3-4 years.. I think

[FraserB]

As much as it sucks, 100% legal and no real recourse.

As suggested, go on EI and go back to school. You paid into it, you might as well use it.

[Shlade]

Here's one thing I don't get, normally for a release from a job and once you get your notice they get you to sign a piece of paper no? I never did that...

[lasimmon]

Originally posted by Shlade
Here's one thing I don't get, normally for a release from a job and once you get your notice they get you to sign a piece of paper no? I never did that...

That piece of paper is generally you waiving some rights to not go after them for wrongful dismissal yadda yadda, the severance is aggreed on etc...

Not a requirement.

[Shlade]

Giant pain in the ass is they shorted me on pay. I think at most I can do is send them a letter asking for the full pay and notice. Which I think they would just pay out since they hate dealing with any law stuff.

[lasimmon]

Originally posted by Shlade
Giant pain in the ass is they shorted me on pay. I think at most I can do is send them a letter asking for the full pay and notice. Which I think they would just pay out since they hate dealing with any law stuff.

You said they gave you 2 weeks pay and you were there for 3.5 years.. as stated earlier in the thread that is full pay. Unless I am mistaken.

[Kloubek]

Originally posted by turbotrip


im pretty sure he does not

Actually, I think you're right. I did a bit of reading just now and besides getting paid in lieu of notice, there doesn't appear to be a heck of a lot of rights anybody has in regards of being fired.

Question though, Shlade: Why did they actually outright fire you? Were you not good at your job? (Be honest now.) Did you do something really obviously objectionable that they felt they had just cause? If the position still exists, then it isn't like they laid you off.... that just seems weird. There had to be a reason one way or another.

I know a company that laid off half of their staff in an attempt to outsource the work instead. Some pretty good severance packages, actually. However, they found it was a mistake and then hired even more (and similar) positions back a few months later. Not sure if these people who were canned were asked to sign something when they left, but if not, I'm guessing they'd have a case to get their jobs back if they so pushed for them. Nobody did though....

[Kramerica]

Be lucky you were on a salary and not an hourly wage worker.

I've worked for more than one place where the person wasn't "fired" they just came in and their hours were reduced to zero.

Its amazing how management is willing to be a huge dick and skimp on severance pay or do that simply to save a few bucks.

[Kloubek]

Originally posted by Kramerica
I've worked for more than one place where the person wasn't "fired" they just came in and their hours were reduced to zero.

Its amazing how management is willing to be a huge dick and skimp on severance pay or do that simply to save a few bucks.

Yeah, but doing something like this is called "constructive dismissal". If a full time employee can prove that they had no choice but to quit, then they are entitled to notice or payment in lieu of notice.

[supe]

Yeah big difference between being let go with cause vs without. A manager once told me that big companies will sometimes even let go without cause even if there was one to avoid the hassle.

Anyway too bad you didn't last another 6 months for the extra 2 weeks.

[CompletelyNumb]

It's not uncommon. Someone higher up didn't like you. You were too expensive. Boss hired his little brother to replace you. Whatever the reason, it's a crappy deal. But they are within their legal rights.

[FraserB]

Originally posted by Shlade
Giant pain in the ass is they shorted me on pay. I think at most I can do is send them a letter asking for the full pay and notice. Which I think they would just pay out since they hate dealing with any law stuff.

You already got notice though. You are entitled to 2 weeks pay, that's it. If they paid you less than the full two weeks, then you should be paid out.

[hurrdurr]

Sorry bud, they don't owe anything to you.

2 weeks from the day you were "walked out"

[Shlade]

Originally posted by Kloubek


Actually, I think you're right. I did a bit of reading just now and besides getting paid in lieu of notice, there doesn't appear to be a heck of a lot of rights anybody has in regards of being fired.

Question though, Shlade: Why did they actually outright fire you? Were you not good at your job? (Be honest now.) Did you do something really obviously objectionable that they felt they had just cause? If the position still exists, then it isn't like they laid you off.... that just seems weird. There had to be a reason one way or another.

I know a company that laid off half of their staff in an attempt to outsource the work instead. Some pretty good severance packages, actually. However, they found it was a mistake and then hired even more (and similar) positions back a few months later. Not sure if these people who were canned were asked to sign something when they left, but if not, I'm guessing they'd have a case to get their jobs back if they so pushed for them. Nobody did though....

I knew my job, I had a back bone, and I was able to articulate the work I did.

I was a liability to them because they want brain dead idiots who cannot speak for themselves to work there.

I figured I would make this thread to ask if there was anything I could do anyways.

[Nufy]

Just to be sure...isn't it the two weeks plus any unpaid accrued vacation time left owing ?

[Shlade]

Yes. Technically their rules are 1 week for every year you've been there. They paid me 2 instead of 3

[410440]

Originally posted by Shlade
Yes. Technically their rules are 1 week for every year you've been there. They paid me 2 instead of 3

Their rules arent the labour law...

if they choose to break an internal company rule and only pay you the minimum requried by law.. your pretty much SOL.


Its 2 weeks pay + whatever vacation you may have accrued.


Sounds to me like maybe someone had something against you? :dunno:

[Cos]

.

[toor]

As already mentioned they paid you what they are obligated to. Sometimes they'll toss in another week or two if you sign a document that states there's no outstanding overtime/vacation/expenses owed and you're not going to sue them for some grievance. You didn't get "fired", that would mean terminated WITH cause. Apply for EI immediately through the Service Canada website. You have nothing to lose, you've been paying into it your entire working life, and I'm sure they can spare some of that $54 billion surplus. Even if you go to school or find work right away, ~$460/week in the meantime won't hurt.

Edit: This should be a wake-up call for anyone who thinks their full-time employer owes them much of anything... Had this chat with FTs a few times as a contractor/consultant, they never believe that they could be out on their ass the next day! Unless you're union, of course.

[revelations]

Originally posted by Shlade


I knew my job, I had a back bone, and I was able to articulate the work I did.

I was a liability to them because they want brain dead idiots who cannot speak for themselves to work there.


Clearly then, this is a painful short term but positive long term thing for your career. I have been in the same boat myself (laid off).

I had EI cover my entire 2 years of school PLUS my housing costs..... essentially I was able to make 8$/hr sitting in class.... but I had to build quite the case first.

[GQNammer]

Edit: nevermind, someone posted a link on page one regarding minimum notice

[lasimmon]

Just want to add, if they have agreed upon rules in place and break them the labour board can enforce their rules even if they are more then what the law has set as a minimum.

[Shlade]

Ok now I need some further advice...

The release letter states "termination pay for xx amount will be paid on April 19th" with tax deductions bla bla

On the 19th I got paid 62 hours that I worked. I never got my "termination pay" the letter states I would be getting this pay.

How does that work?

[Tik-Tok]

Originally posted by 410440


Their rules arent the labour law...

if they choose to break an internal company rule and only pay you the minimum requried by law.. your pretty much SOL.



Not really. Typically when you sign your paperwork at the beginning of employment, it's a contract saying you agree to all "their rules". This includes holding up their part.


Originally posted by Shlade
Ok now I need some further advice...

The release letter states "termination pay for xx amount will be paid on April 19th" with tax deductions bla bla

On the 19th I got paid 62 hours that I worked. I never got my "termination pay" the letter states I would be getting this pay.

How does that work?

Call them and ask where your money is. Better yet, have a friend phone from "XXX and XXX associates, regarding their clients termination", lol.

[ga16i]

How much were you expecting? To me, you should be getting at least the 2 week's pay from April 11 when you were notified of your termination since you've been there 3.5 years. Is 62 hours from lots of over time or do you regularly work ~30 hours per week? And does your stub actually state you were paid for 62 hours or was there just a lump sum and you worked out the math yourself?

[Shlade]

Paper says 2 weeks of termination pay.

I worked 80 hours a week. The 62 paid hours was the regular hours I worked before being let go (not an estimate I have a pay stub) I was expecting around $1500 before taxes. I haven't received that like promised in the letter and in person.

So again, I got my regular pay April 19th (62 hrs minus 18 hours of work missed due to lay off)
Termination pay (2 weeks amount adding up to around $1500 was not given)

[FraserB]

Looks like you got paid out until week ending April 13. Two weeks severance would have been week ending April 20 and week ending April 27. If you got paid the 19th, next pay cycle is most likely May 3, I would call them on May6 if it hasn't been deposited.

Not all places will cut a cheque right then and there, they might have needed to wait until this pay cycle to process it.

I assume that half of the 80 hours you usually worked was overtime? I'm not 100% sure, but they may only need to pay you out for regular time, even if you have been averaging a ton of OT.