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LMO, what if I get fired?

girl188

Newbie
Jul 21, 2012
4
0
I've gotten LMO sponsorship from my current employer, and have been working under LMO status for the past 6 months. My LMO will not expire for another year or two.

My belated questions are:
  • What if my employer fire/lay me off?
  • Would I have to leave the country immediately? (would my employer be responsible for that cost?)
  • What about my unused vacation time off, and time off in lieu?
  • If I can stay in Canada, how long can I stay? Until my LMO expires?
  • Should I apply for temporary work permit again, in case my new employer might not apply for a new LMO for me? (meaning, I will not be able to work under my current LMO, right?)

so many questions, please help!
I'm about to go on vacation. I think there is a slight chance they might fire me before my vacation (without a good reason)
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


girl188 said:
I've gotten LMO sponsorship from my current employer, and have been working under LMO status for the past 6 months. My LMO will not expire for another year or two.

My belated questions are:
  • What if my employer fire/lay me off?
  • Would I have to leave the country immediately? (would my employer be responsible for that cost?)
  • What about my unused vacation time off, and time off in lieu?
  • If I can stay in Canada, how long can I stay? Until my LMO expires?
  • Should I apply for temporary work permit again, in case my new employer might not apply for a new LMO for me? (meaning, I will not be able to work under my current LMO, right?)

so many questions, please help!
I'm about to go on vacation. I think there is a slight chance they might fire me before my vacation (without a good reason)
1. Nothing, except you can't work without a new LMO and Work Permit.
2. No, you could remain until your work permit expires.
3. Employer only pays return flight costs if job was NOC C or D.
4. See 1.
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
Foreign workers legally have the same legal rights as Canadian Citizen and PR workers; if they terminate your employment for an unlawful reason, you have the legal right to bring action against them. In addition, you may be eligible for EI (subject to the normal EI rules) while you seek other employment.

Employers are often ignorant of this, and I have seen foreign workers subjected to unlawful actions by their employers (in one case, a woman was terminated when her employer found out that she was pregnant, a blatant violation of existing labour law, in another case an IT worker's employer refused to pay him and told him if he complained they would interfere with his spousal PR process.)
 

zemandic

Newbie
May 5, 2015
3
0
Hy guys.

I have an valid Lmo till December 2015. My employer fired me with no reason what so ever,
didnt gave me any notice letters or anything. I was working there for 18 months.
What are my rights? Somebody is saying that he needs to honor my contract till the end and
pay me, or i will get e.i. and if I will what will I get monthly?

Thanks
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
zemandic said:
I have an valid Lmo till December 2015. My employer fired me with no reason what so ever,
didnt gave me any notice letters or anything. I was working there for 18 months.
What are my rights? Somebody is saying that he needs to honor my contract till the end and
pay me, or i will get e.i. and if I will what will I get monthly?
What does it say as the reason for dismissal on your Record of Employment (the form your employer must provide you when they terminate your position)?

EI pays a percentage of your base pay, but it depends upon how much you've worked. Also, under the TFW program, your employer is responsible for paying for your return transportation, though you may have to sue in order to obtain it (you could probably also report it to CIC, as it's a violation of the immigration rules as I understand them, though I seriously doubt they will do anything to enforce it.)