Got let go after 2 hours at job...

[arorasumit]

Thats what Canadian employers do. My brother got let go after 2 hours at the job. Reason was he does not have the skills to do the job. Is there a law in place which can ask this simple question to the employer why would you hire a foriegn worker without doing your due diligence? I am in UK right now and have a job offer in Canada but now I have my doubts. My brother is without a job in a country where he knows nobody and very little money. Consultant charged him $16000 to get him to Canada and now he is without a job. What are his options? Can we sue the employer or the the consultant?

 

[jes_ON]

Depends, depends, depends...

What kind of visa or permit is he on?

What country is the consultant in?

Of course you are upset now, but consider the employer who went to all that trouble to hire a foreign worker who cannot do the job he was hired to do. The employer may be just as angry and blame your brother for misrepresenting his abilities. Or, maybe this is just part of the scam - $16000 to a "consultant"??? Con artist, maybe.

And you don't say where in Canada your brother is. Canada is a BIG PLACE...

Many towns/communities have immigrant settlement organizations that can provide assistance and advice. Suggest your brother find and contact one ASAP. For example, here is the website for Ontario's services -
http://www.settlement.org/findhelp/

Also go here for information on immigration fraud, and legal rights for temporary workers.
http://www.cic.gc.ca/english/information/protection/index.asp

As for YOUR job offer - hopefully you did not go through a "consultant..." There has been a lot in the news lately about unethical immigration consultants...

 

[csic_student]

I think his brother was on a work permit and it was a scam job. Unless and until he has the paperwork, its hard to prove that the consultant or the employer charged his brother money to come here and get a phony job. If indeed thats the case, his brother still have a valid TRP. He should go out and look for another job. His employer can apply for a new LMO and if they are able to get a positive or neutral LMO, he can apply a new work permit to CPC-Vegreville. Until then, he will be under implied status and keep on working to support himself.

Now, I could be totally wrong and more experienced members can correct me. PMM?

 

[job_seeker]

I think his brother was on a work permit and it was a scam job. Unless and until he has the paperwork, its hard to prove that the consultant or the employer charged his brother money to come here and get a phony job. If indeed thats the case, his brother still have a valid TRP. He should go out and look for another job. His employer can apply for a new LMO and if they are able to get a positive or neutral LMO, he can apply a new work permit to CPC-Vegreville. Until then, he will be under implied status and keep on working to support himself.

Now, I could be totally wrong and more experienced members can correct me. PMM?

I think I have heard of a similar case, where an agent brings a TFW in Canada for a fee and the TFW works in Canada for three months and then is let go. The agent and the "employer" divides the "spoil" between them. But two hours is a bit much, and $16000.00 to pay for a job!!!!! Must be desperate to come to Canada to spend that amount.

 

[jes_ON]

I think his brother was on a work permit and it was a scam job. Unless and until he has the paperwork, its hard to prove that the consultant or the employer charged his brother money to come here and get a phony job. If indeed thats the case, his brother still have a valid TRP. He should go out and look for another job. His employer can apply for a new LMO and if they are able to get a positive or neutral LMO, he can apply a new work permit to CPC-Vegreville. Until then, he will be under implied status and keep on working to support himself.

Now, I could be totally wrong and more experienced members can correct me. PMM?

Yes, if the brother is on a Temporary Work Permit the brother can remain in Canada and look for a new job, but employer will have to get an LMO, and he cannot begin working for the new employer until the new work permit is received. Hard to remain in Canada without a job or a large bank account, tho. He needs legal advice - should go to settlement services ASAP.

 

[nicholas30]

Can you name the consultant please and which country??

 

[Leon]

Did the brother know what kind of job it was that he was taking and that he didn't have the qualifications or did he just pay any price and take any job in order to get to Canada?

In many provinces, it is against the law for a consultant to charge you for getting you a job and 16,000 is way too much anyway.

He should look for an immigrant or newcomer centre where he is. They may be able to help him with free legal advice.

If the consultant is based in Canada, he needs to find out if it is against the law in that province to charge people for getting them a job. He can get this information from the police. If it is against the law, he can press charges against the consultant.

If the consultant is not based in Canada, he could still ask about it but I think it is likely that he would have to press charges against him in the country where he is located and there may unfortunately not be any laws in that country stating that the consultant did anything illegal. The consultant can say that your brother claimed that he was qualified to do the job and then the question is only about the excessive price of his services but again, in that country there may not be a law against it.

He has no claim against the employer unless he can prove that the employer and consultant are running some kind of scam together. It is possible that they are and that the plan was always to fire him and split the 16,000 between them but it is also possible that the consultant also scammed the employer. The employer may have paid him as well, only to end up with a worker who can't do the job. He can still mention this to the police. If there is a scam, they might be able to see if this employer has in the past gotten many workers who have been fired after a very short time.

The employer is in his full right to fire him though. During the first 3 months which is the probation period, the employer can fire at any time and the employee can quit at any time. I knew of one guy who was fired after about 5 hours and he wasn't even doing a job where he needed any special skills but either he couldn't speak English or he was shy to because he wouldn't say anything and in the end the management concluded that they can not hire someone who can not speak and may not understand either.

The brothers options now to stay in Canada is to find another employer who will apply for his LMO so he can change his work permit. In the meantime, he is not making any money, savings are running out, definitely not a good situation to be in.

 

[Hope42010]

Sad and painfull story, it's a lesson for all to learn.

Now, to have a better view of the situation, follow the money trail.

I am sure he did not just handle cash to someone, for sure a money transfer or bank deposit was made, these documents will give him a name and place to start with it, plus tell us where and who enlisted yur brother.

As Leon said if the transaction happened outside of Canada, it's up to the local laws to accept or not your case. Either way even if accepted, this is a matter for longggggggg time and most like they will not care for it.

My suggestion, tell him to find a helping agency like Red Cross, Salvation Army, Rotary club, a Church for example, tell his story then offer to do volunter work, this will bring food and shelter plus provide a network of people who by heart are there helping others and maybe he will be notice and get a new chance.

Thanks God the world has good souls and he will prevail.