Questions not to be asked by employer before hiring?

[SS.Kingston]

Is there any human right code/employment equity regulations that list the questions not to be asked by an employer before hiring?

Here is my situation:

I had been working for the same company for 3 years prior to the expiry of my work permit. I tried to renew the permit, however it was refused because the LMO was sent in late. I had to stop working last year. But I was able to fight to get a job offer before I left (for them to hire me back once I secure the work permit). The only condition on the job offer is the possession of the permit. And the job offer was signed by both parties. I was recently told by CIC that the permit has been approved and mailed, and I should be expecting it in the next few days.

I called our branch manager and asked him of the procedure to return to work. His first question to me was, "I would like to have a converstation with you first. I would like to know where your husband's future work is. And I hope you would appreciate from our business perspective that we don't want to see you leaving in the next few months when your husband finds work in other cities." As for my husband, he's on the yearly contract with the government, and not promised of future employment.

My question is, is this something illegal/unethical for my employer to ask? Since both parties have already signed the job offer, doesn't it mean that I can return to work immediately after securing the work permit?

Any insight would be greatly appreciated!

 

[obs35]

Is there any human right code/employment equity regulations that list the questions not to be asked by an employer before hiring?

Here is my situation:

I had been working for the same company for 3 years prior to the expiry of my work permit. I tried to renew the permit, however it was refused because the LMO was sent in late. I had to stop working last year. But I was able to fight to get a job offer before I left (for them to hire me back once I secure the work permit). The only condition on the job offer is the possession of the permit. And the job offer was signed by both parties. I was recently told by CIC that the permit has been approved and mailed, and I should be expecting it in the next few days.

I called our branch manager and asked him of the procedure to return to work. His first question to me was, "I would like to have a converstation with you first. I would like to know where your husband's future work is. And I hope you would appreciate from our business perspective that we don't want to see you leaving in the next few months when your husband finds work in other cities." As for my husband, he's on the yearly contract with the government, and not promised of future employment.

My question is, is this something illegal/unethical for my employer to ask? Since both parties have already signed the job offer, doesn't it mean that I can return to work immediately after securing the work permit?

Any insight would be greatly appreciated!

Unbelievable and you got to be kidding me! What makes you think this is illegal? You DO NOT have a right to work for them, they can fire you at anytime. It's called "employment at will", they can fire you for any reason or no reason at all except an illegal reason, (discrimination, whistle blower, etc). Are you questioning why they want to make sure that you will not leave in a few months? When i hire people i here them when its convenient for me and my business, not to do them favors! The job offer can be rescinded at any given time too!

I still can't believe the sense of entitlement some poeple have around here. Working is a privilege and not a right!

 

[zardoz]

There are some things that an employer can't ask for, such as your Facebook login/password...
But, this certainly isn't one of them.

 

[pocklecod]

I think the poster is concerned because, indeed, it would be illegal to ask questions about marital status (and therefore a husband's employment, future employment or whatever) during a job interview or hiring process. So, I'm not sure why a question like this is grounds for wild assertions about someone having a sense of entitlement...

But, no, your offer of employment is not a binding contract, and certainly a concern that you will quit too soon is in every way a perfectly defensible reason to let you go (not that an employer needs a reason necessarily). It would be a serious mess for you, but there's probably nothing you could do if they decide to retract your offer. Much your best bet is to just try and reassure your employer that you're there to stay, rather than try to throw your (minimal) legal weight around or something.

 

[scylla]

I agree with everyone else. There is nothing wrong with this question. They are making an investment in you and want to be sure you're making an investment in them.

And a job offer can always be withdrawn or you can be let go. A signed job offer doesn't force them to accept you as an employee. Much as you are free to leave - they are free to let you go.

 

[SS.Kingston]

Thanks for your insights! It does makes sense in terms of an offer is not a binding contract. I need to be careful about our conversation...

During my previous 3-year employment with the company, the branch manager constantly asked me about my husband job arrangement. My husband has been looking for jobs in the area. We have purchased a house in the city as well. The manager knows about all this. And it is our intent to stay where we are.

I'm questioning the intent of this question at this point in time. The reason being, when I was let go last year because of the work permit refusal, it was a very messy situation. He led me to believe that the LMO was going to be negative (he claimed that he was told by a Service Canada agent that a negative LMO will be issued immediately), therefore, I should resign right away instead of the company firing me in order for them to give a good reference letter. However, 2 weeks after I resigned, the LMO came back positive. It is my gut feeling that I was tricked to "let go".

After I resigned, somone in the head office questioned why he was told about the negative LMO. I think he has been questioned by someone higher up about the whole discharge procedure on me.