My Employer wants to fire ! what to do


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Kacchu   
Member since: Dec 15
Posts: 13
Location: Canada

Post ID: #PID Posted on: 20-12-15 21:54:57

Our company's performance is going bad, business is not the same like before.
I am working for last 5 years , many others are working for longer periods like 10, 15 , 20 years too. Company is in retail business. We have no union , so management is powerful.

For small reasons they are giving warning letters , so they can build grounds for firing.

technique they use is first they make the employee full timer to part timer , so no benefits and they want the employee will get frustrated and resign and go.
IF NOT Once employee is part time for like 2 months , they find minor reasons to fire

They don't fire full time employee directly , so employee cannot go on EI for unemployment

Before they make me part time , I want to go EI for health reasons for stress and depression , actually i am really stressed and depressed.

I don't have a family doctor , how to get started , please guide, I know I can take max 15 weeks



tamilkuravan   
Member since: Jun 05
Posts: 5775
Location: God's own country

Post ID: #PID Posted on: 21-12-15 10:28:50

Been there done it.

Generally EI is on the employee side.

Never let them turn you into part time or give you a warning letter. Document, who all is being let go.

The moment they give you a warning letter, make a big show, saying that you are discriminated since you are desi and a minority. Escalate it until they fire you.

Then when filing EI say that you were discriminated since you were a Desi and that you stood up for Desi rights / minority rights (I am assuming that all that you said about your employer being vindictive being true) and that they fired you.

You will get EI and also your full settlement, in due course of time.

In my case, the employer treated me differently where as he treated Gora's differently. Desi will have no rights / no OT / no prortfolio when he quits whereas a Gora will get everything.

Please see that you are a hard worker.

Murali


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I am a Gents and not a Ladies.


tamilkuravan   
Member since: Jun 05
Posts: 5775
Location: God's own country

Post ID: #PID Posted on: 21-12-15 10:36:54

I was fired after 6.5 years and told to leave immediately (within 1 minute). After being fired, I was not even allowed to go back to my desk and I had to leave my $ 1 coffee mug. I was also asked to handover my keys and security card on the same table where I was told to quit. I had around $ 100 in my bank account then.

My ROE came with around 7 days salary (paid only till the hour that I got fired) and a mark on the ROE that I was Fired. I did not expect it as Canadian firms generally put the mark " out of work" so that they donot get into legal problems.

I fought for EI and got it as well as settlement (gratuity at the rate of 2 weeks salary for every year worked. Rate came to around $ 3000). I got EI after 4 weeks and Settlement after 11 months. Still when I think of it, tears swell up my eye. May be I should have left Canada earlier or should have been in IT field. EVen now, as I write this mail, I have tears in my eyes as I think of those hard but honest days. This spoilt my whole family life and I was made single.

HRD said that they will not be able to get me a reference, portfolio or employment letter.

I was also made eligible for Second career but again got cheated by a Desi IT provider who took all my money and gave me little or less instruction. That is why I always advise to take course in Community college. Your second career will provide for all comforts in life while you study.

Murali


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I am a Gents and not a Ladies.


san-hugo   
Member since: Aug 10
Posts: 2009
Location:

Post ID: #PID Posted on: 21-12-15 11:18:13

Kacchu G.
You must channelize your energy and time in looking for another job instead of trying to swim holding last straws left in company. You got good number of experience in retail industry, I am sure there are better avenues available.

I also have a hunch you do not have the big picture about the company , its current standing and future direction. My suggestion will be do not try to fight it, you will lose. This is money game where one person will have no stature. ( I will not make same statement for a public enterprise).

Do not take any leaf from bad experiences by TK. My reading is that while TK's case was of more of an individual, In your case it is company wide issue which you alone should not cannot fight. Look somewhere else for now. At the same time , as TK suggested , keep documenting the facts in case you need to prove the constructive dismissal to safe guard your EI.



Blue_Peafowl   
Member since: Dec 08
Posts: 1351
Location: Brampton, Ont, Canada

Post ID: #PID Posted on: 21-12-15 11:27:32

Quote:
Originally posted by Kacchu

Our company's performance is going bad, business is not the same like before.
I am working for last 5 years , many others are working for longer periods like 10, 15 , 20 years too. Company is in retail business. We have no union , so management is powerful.

For small reasons they are giving warning letters , so they can build grounds for firing.

technique they use is first they make the employee full timer to part timer , so no benefits and they want the employee will get frustrated and resign and go.
IF NOT Once employee is part time for like 2 months , they find minor reasons to fire

They don't fire full time employee directly , so employee cannot go on EI for unemployment

Before they make me part time , I want to go EI for health reasons for stress and depression , actually i am really stressed and depressed.

I don't have a family doctor , how to get started , please guide, I know I can take max 15 weeks





Talk to management and ask them to give you lay off - they will be happy

If they don't buzz then go to labor board and complain -

BTW: i do not understand why would they not give you Layoff if there is really shortage of work ? is there something we are missing here ?

BE CAREFUL Getting EI will be tough if they fired you ...


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'Some goals are so worthy, it's glorious even to fail.' (Param Vir Chakra awardee Lt. Manoj Pandey)


Kacchu   
Member since: Dec 15
Posts: 13
Location: Canada

Post ID: #PID Posted on: 21-12-15 11:44:23

So true Murali, I work for big electronics and furniture retailer, in my store there are total 40 employees , store manager is Canadian born indian desi , other 2 asst managers are gora, staff is like almost half desi , so there is lot of talking but NO unity to fight against management, some are management informers , so nobody completely trust each other,

recently they made 2 full timers into part time ,both desis , both after a month time quit and got some different dead end jobs, could not go for EI or second career etc

If i go to doctor for depression, anxiety, will she support my EI claim, OR i have a build a case first for first few days and ask for EI letter.



Kacchu   
Member since: Dec 15
Posts: 13
Location: Canada

Post ID: #PID Posted on: 21-12-15 12:06:27

Yes company never give layoffs. If I get layoff i will be so happy , so I can go EI and start new career rather than wasting my life in dying retail industry

I work in sales, they give unreasonable targets, blame sales consultants for other dept mistakes, give very long working shifts, force you to lie and achieve targets OR quit and go. work culture is all about lies, blame game , and selfishness, dog eat dog culture.

It was not very bad before , I worked 5 years , but last 1 year plus , things got worse

So i wanna explore to see if I can go EI for depression and have some time to find meaningful job, I will be 40 yrs very soon, have family and kids, really worried about my future.

I don't want to take another survival job with NO future







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