Fired with no reason on lmo after 18 months, do I have any rights?

[zemandic]

Hy guys.

I was fired after 18 months of work on LMO. They didnt gave me any notice or anything.
What rights do I have?
Can I recive E.i. and does anybody know how much can I get.
Some guys are saying to me that he needs to honor his contract and
pay me for the rest months of my contract.

Thanks

 

[Lammawitch]

Labour and employment standards are generally governed by the provinces, here's the list:
http://www.cic.gc.ca/english/work/labour-standards.asp

You should contact the one relevant to you.

General info for TFW:
http://www.cic.gc.ca/english/work/tfw-rights.asp

 

[amelia1727]

It usually depends on the assessment of Service Canada if you are allowed to receive EI. If your employer used economic problem yes they are allowed to layoff a foreign worker; that is enough reason because lots of Canadians doesn't have work right now.

You have the right to ask your employer for the reason of termination.

However, the only thing sure is your employer should pay you a severance pay of 2 week (if they did not give you enough notice for the layoff).

 

[Lammawitch]

However, the only thing sure is your employer should pay you a severance pay of 2 week (if they did not give you enough notice for the layoff).

This might depend on the terms of the contract and/or reason(s) for dismissal.

See resources posted above.

 

[amelia1727]

This might depend on the terms of the contract and/or reason(s) for dismissal.

See resources posted above.

Nope, all employers needs to pay for that as per labour standards, that includes all reason for dismissal. In the contract there is no written clause for dismissal for TFW contract - but it is clearly written that employer should notify the employee. Likewise, if its fired/terminated/layoff there is no employer that will give advance notice that is why they need to pay in lieu for the notice.

 

[Lammawitch]

Nope, all employers needs to pay for that as per labour standards, that includes all reason for dismissal. In the contract there is no written clause for dismissal for TFW contract - but it is clearly written that employer should notify the employee. Likewise, if its fired/terminated/layoff there is no employer that will give advance notice that is why they need to pay in lieu for the notice.

Let's agree to disagree . I can think of a couple of reasons where your comments might not apply, depending on contract &/or province.

As we don't know details of the above for the OP, I'll stick to my recommendation to consult the relevant provincial employment standards office, with a copy of his/her contract in hand .

 

[scylla]

Let's agree to disagree . I can think of a couple of reasons where your comments might not apply, depending on contract &/or province.

I completely agree with you. There are definitely certain types of contracts that can be terminated without notice or severance. It all depends on the nature of the contract. We have plenty of contractors in the business I work in that have these types of arrangements (however they are paid high hourly rates so that offsets the no severance / no notice risk).

I also agree that whether the OP is entitled to severance depends entirely on the terms of the contract (if there is in fact a contract involved).

 

[zemandic]

Hy guys,

thank you for replying. He didnt gave me any notice, or anything. My manager told me that I disagree
with the owner on something. (but that never happened, I didnt see the guy for 4 monts or talked with him).
Even my manager didnt understud what is the problem because I was one of the best workers there and they
where applying for a new lmo for me on a better position on a better salary.
They stopped me in front of the plant on a working Monday and told me that I am not working there any more.

My contract is on 24 months, 40 hours a week ( but we where working for 44 with no overtime),
nothing specific only that he needs to pay my ticket (which he didnt) to get back
to my resident country.

I didnt received record of employment, tomorrow I am going to TWA agency to see what will they say.
100% I know that is not my fault so I was just hoping that somebody had similar experiance.

Thanks!

 

[Lammawitch]

I will reiterate:



Re: Fired with no reason on lmo after 18 months, do I have any rights?
« Reply #1 on: May 05, 2015, 05:32:20 am »
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Labour and employment standards are generally governed by the provinces, here's the list:
http://www.cic.gc.ca/english/work/labour-standards.asp

You should contact the one relevant to you.

General info for TFW:
http://www.cic.gc.ca/english/work/tfw-rights.asp

 

[sabret00the]

My wife was laid off after completing 3 months of work by her employer without giving any reason with 2 weeks pay. She is a NSNP Skilled Worker with CWP (obtained on the basis of Temporary Letter of Support from NSOI) + TRV. She has applied PR from within Canada as a Provincial Nominee.

Is it possible to convert her CWP to OWP as none of the employers are willing to pay the $230 Employers Compliance Fee to CIC + Submit NSNP Form 200 to issue a new CWP for her. New CWP itself will take around 2-3 months.

Any advise is appreciated.