LMIA and abuse

[Jgaat]

Hi, my LMIA employer says to me that he doesn't have work anymore, what should I do?

 

[k.h.p.]

That's not necessarily abuse, that's sadly a function of the job market.

 

[Jgaat]

okay! what can I do? I can't work anywhere else as its a closed work permit. what actions can I take against the company?

 

[k.h.p.]

I'm honestly not sure - you probably need to ask a lawyer. If the company doesn't have enough business to keep you on, unless you're alleging that they lied to you, that's an unfortunate outcome of business and capitalism. Sometimes businesses fail.

 

[russ6970]

You can't do anything about it. That's just life. Sorry to be so blunt.

 

[zardoz]

okay! what can I do? I can't work anywhere else as its a closed work permit. what actions can I take against the company?

You can ask for the normal severence pay (2 weeks?). That's all, unless you can prove discrimination or other illegal action.

 

[Jgaat]

its a trucking company and I am a truck driver. I know there is work as his trucks are running.

 

[russ6970]

its a trucking company and I am a truck driver. I know there is work as his trucks are running.

Still nothing you can do unless they are harassing you or abusing you.

 

[Jgaat]

okay! that's sad, feels like there isn't enough lmia foreign worker rights in Canada

 

[russ6970]

It's not that there are no rights. Unless you can prove beyond doubt that your employer is not telling the truth you have no grounds and even then the chance of getting your job back are slim unless there is discrimination etc This happens all over the word, not just in Canada.

 

[k.h.p.]

It's not that there are no rights. Unless you can prove beyond doubt that your employer is not telling the truth you have no grounds and even then the chance of getting your job back are slim unless there is discrimination etc This happens all over the word, not just in Canada.

And it would be the exact same scenario for Canadians, except of course they'd be able to find another employer.

I'm really sorry it's happening to you. If it's any consolation, your employer paid a lot of money for the LMIA that they're now wasting.

 

[Jgaat]

basically, he can call me back to work anytime and then can say I don't work anymore??

 

[russ6970]

basically, he can call me back to work anytime and then can say I don't work anymore??

Wait. Has your employer already sacked you, or are you afraid he is going to sack you?

 

[Jgaat]

my employer hasn't told me anything about sacking but he is saying that he doesn't have any work for me and he will contact me when he has work which hasn't happen for a month. He isn't clear about it.

 

[russ6970]

have you got a contract that guarantees you so many hours?