civil action against employer!

[Islander216]

Yeah, that's possible but you would need to be realistic.

It doesn't make the process any easier for a prospective employer if you're in the country to get a LMIA for you, only in terms of practicality like being able to meet you in person for an interview. That's becoming even less of an advantage given the covid restrictions.

I think the problem then becomes there will be a tendency to overstay, you'll be scrambling and thinking you can find another job, and the expiration date of your WP will fast approach.

This will all be made harder by the fact that if you can't find another job, you would need to make the necessary moves to leave in time, such as leaving your accommodation, selling your stuff, and making arrangements to go back to your home country.

Are you going to have enough time to do that if you keep looking for a job in such a situation?

I'm just saying this to be realistic, i know people who have been in this situation, it almost never ends up working out in time.

 

[Copingwithlife]

For instance, to apply for a new WP.

Sure go ahead and apply for a new WP.
Just make sure you have three things :
1- you’re eligible for a new WP
2- you got the time to apply and get approved whatever route you’re taking
3- And you have money to support yourself while waiting for # 2
And take into account you’re competing with millions of other unemployed people , most who don’t have to qualify as in # 1

 

[Miss bee]

Sure go ahead and apply for a new WP.
Just make sure you have three things :
1- you’re eligible for a new WP
2- you got the time to apply and get approved whatever route you’re taking
3- And you have money to support yourself while waiting for # 2
And take into account you’re competing with millions of other unemployed people , most who don’t have to qualify as in # 1

See here is option for you.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html

 

[navidhillon]

If you report him, you will most likely be terminated and you don't have much to stand on because your immigration status is tied to your work permit.

Even if IRCC find your position justified, it's not going to change the underlying situation, which is as an employer he can fire you without cause. So unless you can move to another company in Canada or you're ready to return to your home country, the nuclear option of reporting him will probably lead to your dismissal and the revocation of your work permit, meaning you would have to leave Canada.

ok so i cant get vulnerable open work permit after reporting him without proof if am justified? and how long this is takes to change an employer on a work permit for ex i just got it extended in dec so if i change now how long will it take to process?

 

[Miss bee]

ok so i cant get vulnerable open work permit after reporting him without proof if am justified? and how long this is takes to change an employer on a work permit for ex i just got it extended in dec so if i change now how long will it take to process?

Experiencing abuse or being at risk of experiencing abuse
Both migrant workers who are experiencing abuse and workers who are at risk of experiencing abuse in the context of their employment are eligible for an open work permit. The onus is on the applicant to provide evidence of the abuse they are experiencing or the broader circumstances in which they find themselves and to demonstrate how these broader circumstances are making them believe or fear they could be at risk of experiencing abuse.

Termination of employment
In cases where the migrant worker’s employment has been terminated prior to the application or during the process of applying for the open work permit, officers may consider whether the termination of employment constituted an act of retribution by the employer in determining whether the applicant is experiencing or at risk of experiencing abuse. Retribution or reprisal for complaining or reporting employer mistreatment constitutes abuse in the context of a migrant worker’s employment.

Evidence of abuse
When applying for the open work permit, the migrant worker must describe the abuse or risk of abuse they face by submitting a letter of explanation.

In addition, noting that none of the following examples are required, evidence of abuse and risk of abuse may include but is not limited to the following:

• a letter, statement or report from an abuse support organization, medical doctor, health-care professional or other such entity
• a sworn statement (affidavit) by the applicant
• a copy of an official complaint form filed with an enforcement agency
  • for example, a police or CBSA report related to an investigation or a copy of an official complaint completed by the migrant worker and submitted to a provincial enforcement agency, such as an employment standards branch
• supporting or additional material, such as victim impact statements, hard copies of email messages, photos showing injuries or working conditions, witness testimonies

Standard of proof – Reasonable grounds to believe
For the purpose of issuing an open work permit, officers must have reasonable grounds to believe that the migrant worker is experiencing abuse or is at risk of abuse in the context of their employment in Canada in order to issue the vulnerable worker an open work permit.

The “reasonable grounds to believe” standard requires something more than mere suspicion but less than the standard applicable in civil matters of proof on the balance of probabilities. In essence, reasonable grounds exist where there is an objective basis for the belief that is based on compelling and credible information.

Compelling and credible information may include a document from a proper authority indicating that an event occurred; however, an anonymous letter alleging certain facts may not meet this threshold. Officers have to assess on the totality of the evidence in each case.

 

[Islander216]

ok so i cant get vulnerable open work permit after reporting him without proof if am justified? and how long this is takes to change an employer on a work permit for ex i just got it extended in dec so if i change now how long will it take to process?

You can but expect a lot of scrutiny of your allegations.

 

[canuck78]

ok so i cant get vulnerable open work permit after reporting him without proof if am justified? and how long this is takes to change an employer on a work permit for ex i just got it extended in dec so if i change now how long will it take to process?

Would suggest getting a lawyer or at least paying for a consultation. There is likely more to this story since you have already worked for this employer and applied and hot an extension. It is still unclear if there was ever any money exchanged from when you originally applied and how you found this job. A lawyer will be able to listen to the entire situation before giving you advice about what to do,