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A Bad Day...
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journalista
Rickmaniac


Joined: 30 Aug 2007
Posts: 908
Location: New York

PostPosted: Fri Jul 18, 2008 12:19 am    Post subject: Reply with quote

Sorry to hear about your job, Semp. That's awful. At least you have some form of legal recourse. Here in the States, there's this great thing called "employment at-will", which essentially means an employer can dismiss an employee at any time with no just cause. And the employee has no legal recourse!

Chin up, it'll all work out for you, I'm sure.
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I want to swim in both directions at once. Desire success, court failure. ~ Alan Rickman
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Velouria
On Medication


Joined: 08 Dec 2007
Posts: 450
Location: London, England

PostPosted: Fri Jul 18, 2008 9:34 am    Post subject: Reply with quote

That's terrible Semp! I can't believe anyone could do that, with seemingly no cause. I'm sure that you will get a new job soon - clearly, you can do better than that one. You are not the one in the wrong.
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semperaevitas
On Medication


Joined: 28 Oct 2007
Posts: 326
Location: canada

PostPosted: Sat Jul 19, 2008 2:30 am    Post subject: Reply with quote

I can't thank you guys enough. Your thoughts are greatly appreciated. What I think happened is this: They are losing money and simply cannot afford to keep me for the rest of the summer. This is usually termed a 'lay-off' and does enable the employee to collect employment insurance. This is done even though both parties know that the employee will not be 'recalled' to work. I think the employer may have thought that since I was 'seasonal' and, obviously, would not be returning he couldn't say I was 'laid-off'. I don't know, I guess I'm trying to rationalize. I do know that "The employer's inability to continue the employment for economic reasons is not cause for termination without notice". Someone could have told them that and that could be why they added the 'rude' comment. At any rate, "If incompetence or poor performance is the reason for the termination, the employer should be prepared to show that the employer was made aware of the standard expected and was warned about the consequence of failing to meet it. In order to prove these warnings in court they should be in writing and receipt should be acknowledged by the employee." Never happened and there was also no written contract stating a sales goal. There was no written contract at all. A verbal contract does count but, again, no sales target was ever mentioned. They also broke the law by not giving me a "30 minute eating period every five hours". We were expected to keep serving customers all day and eat at the counter when we could. Now I did know this of course but said nothing so the onus is partly on me here. Also, they broke the law by leaving out pertinent details on our pay stubs. I'm not trying to be vindictive here but I really don't think he realized what he was doing when he decided to fire a Human Resources professional.
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Magenta
Rickmaniac


Joined: 11 Aug 2007
Posts: 689
Location: Frankfurt Germany

PostPosted: Sun Jul 20, 2008 6:45 am    Post subject: Reply with quote

Dear Sempera, I keep my fingers crossed for you that losing this job will lead to your finding something enjoyable, well-paid, with short hours and what ever you might like to have within a jiffy.
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