Unjustified Termination


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kjyoti26   
Member since: Feb 04
Posts: 238
Location: Canada

Post ID: #PID Posted on: 12-04-05 19:27:50

Hi,
Today I was terminated from my job without any justified reason. I’ve been working as the employee of this company for two and a half months as Data Entry Specialist on a casual position. They didn’t give me any notice but will pay me one week’s salary towards the severance arrangement. The reason that I was told verbally was that they are downsizing. No reason is mentioned in the termination letter.

Can I contest the termination on grounds of no valid reason for termination? The other points are:
1.There are two temporary persons on an employment agency’s payroll still working for the similar position, in the morning shift which is usually for the company employees.
2.Many people who are on the payroll of an employment agency are working for the similar job, in the evening shift. So why only me?
3.My appointment letter states “The starting hourly salary is $12.50, based on a 40-hour workweek”, but except for the first week I never got full 40 hour week. After one week in the morning shift (8 hours/day), I was sent to the evening shift (7 hours/day) on the grounds that the evening shift needs an experienced verifier and that I will be transferred back to the morning shift after 2-3 weeks. But I was never given back morning shift and now I’m terminated.

So if anybody could suggest me what can I do and who should I approach?


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bison   
Member since: Nov 04
Posts: 306
Location: Toronto, da BEST!!!

Post ID: #PID Posted on: 12-04-05 23:05:43

To start off, Why dont you mention ur city or province so that people can better assist you ? :nono:

Downsizing? How many employees did they lay off?

Do some research. Check Ontarios labor standards :

http://www.gov.on.ca/LAB/english/es/
http://www.gov.on.ca/LAB/english/es/brochures/br_rights.html

http://www.workopolis.com/content/resource/legalqa/index.html#legal

Also search newsgroups, google, etc... Dont restrict urself to this forum.

Was there a probation period? What did your appointment letter state? My understanding is that every termination letter should state the cause and in your place, i would insist that they put it on paper.

A while ago i had searched for a certain situation on quebec labor standards and ended up understanding that worst come worst, if you dont agree you could put up a case in small claims court, but the compensation you may receive if you win after a long period wont be much and wont be worth the trouble. But that was for a specific situation.

I am no expert here, but If you end up realizing that you have a case, meet a lawyer who specializes in labor standards for a consultation. He/She might charge you around 200$ an hour. Perhaps he may point you to other points that you may have missed. Sometimes scare tacticts do work.

Perhaps other seniors can comment here.

BTW, What do you mean by contest? You are looking for a compensation, right ? Dont think you are contesting their decision?

IMO, With < 3 months of employment, you may not have much of a case, but i may be totally wrong...


Take care,

:p bison



DiogenestheCynic   
Member since: Oct 04
Posts: 859
Location: At my desk

Post ID: #PID Posted on: 13-04-05 10:24:41

AFAIK and IMO, there is nothing you can do other than contest the severance package. That itself will cost more than what the settlement will be , even if you reach one.

I feel sorry for you. Hope you get another job soon.


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Diogenes
====================
The Cynic


desi_driller   
Member since: Sep 04
Posts: 419
Location:

Post ID: #PID Posted on: 13-04-05 11:41:11

Try to get a new job . These things are common here. Forget the past & moove for future. I am sure you will get a much better job very shortly. Best of Luck.


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Driller the thriller


Charlie   
Member since: Apr 05
Posts: 538
Location: Canada

Post ID: #PID Posted on: 13-04-05 12:07:36

yes, move on. You may forget about this soon .................. BOL


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chandresh   
Member since: Mar 03
Posts: 2606
Location: Toronto

Post ID: #PID Posted on: 13-04-05 15:14:10

Quote:
Orginally posted by kjyoti26

Hi,
Today I was terminated from my job without any justified reason.

Can I contest the termination on grounds of no valid reason for termination?



Jyoti,

There obviously is some reason other than mass layoff or downsizing as it appears from your post.

If such be the case, what do you think is the reason? It might look unjustified or invalid to you, but if you share it with others, they will make a non-subjective decision unlike you, since they are not involved. And for all you know, they might think that the reason which appears unjustified or invalid to you is actually valid if not justified, or both!

Chandresh


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Chandresh

Advice is free – lessons I charge for!!


mercury6   
Member since: Jan 04
Posts: 2025
Location: State of Denial

Post ID: #PID Posted on: 13-04-05 22:37:44

1 more here for forget about it and move on.

It will only be time and money not well spent.

Use the energy to find another job.
(i am sure you have already started that).


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I once made a mistake, but I was wrong about it.




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