What to do when employer refuses to provide letter of employment.

[ssparkles]

Hey Everyone,

I was wondering if anyone knew what I can do in this situation. :'( I worked full time at a well known bank for 2 years but I was on contract through an employment agency, every 6 months this contract was renewed and I worked there between june 2010 to may 2012.

When applying for Immigration I asked the bank to give me a letter of employment, which they said they could not give because i was employed by the agency and not the bank. Finding this quite shocking at the time I asked if I could get a reference letter to which again my manager said no because i was employed by an agency. I tried again and again with no luck. Anyway I thought this is how it is and I went to the employment agency and they gave me a letter of employment stating that I worked there along with the duties.

I just got an email from Immigration stating the following: (copy pasting the main things in the email)

This refers to your application for permanent residence in Canada. I am writing you this letter to express my serious concern(s) regarding your application.

I have concerns regarding your eligibility in the Canadian Experience Class. You submitted a confirmation of employment issued by xyz employment agency describing your duties and conditions of employment with the bank as an Accounting Technician. I have concerns regarding your duties and responsibilities as an Accounting Technician because this information is not supported by evidence from the Bank of Montreal, for which you performed these duties.

Therefore I am asking you to submit any additional information and/or documentation that would allay my concern(s). You have 60 days from the date of this letter to submit the additional information and/ or documentation to the above address.



I can go to the agency again and they will still give me the same letter stating my job and duties. This it what i submitted before and isn't enough. The bank manager is a known b**** and I don't know if it's how banks work or whether its just her not helping me.

If I get a letter from the employment agency saying that the bank has refused to give such a letter because the position was on contract will this be enough? Is it going to convince immigration? I know even if I contact that bank manager she will say the same thing that because you were on contract we cannot confirm your employment and duties. Or should I email her asking to confirm and when she says no then I can forward that to immigration? I don't know if she'll be that stupid but it might be worth trying?

What do I do? Does anyone have any experience with this? I even worked full time what the hell :'(

 

[sabidhawan]

First of all yoy are luck that you got a chance to prove your employment . Most of us including me were refused even before getting a chance to provide any more documentation. The best idea would be to explain the situation in a letter. Try contact your manager over the email and get her response in a written letter or email . Attach both and send it . Thats the most you can do .

 

[Andy2109]

First of all yoy are luck that you got a chance to prove your employment . Most of us including me were refused even before getting a chance to provide any more documentation. The best idea would be to explain the situation in a letter. Try contact your manager over the email and get her response in a written letter or email . Attach both and send it . Thats the most you can do .

I was just about to say the same thing. ssparkles, you are very lucky the Officer has not rejected your case and given you time to provide evidence. Try your best to convince the Bank. Get the refusal in writing from both your Agency and the Bank. Explain your situation in the best possible words before CIC. All the very best.

 

[CEC2013]

Same here, I believe you are lucky!

My suggestion, paper trail, paper trail, paper trail. Make sure you inquire with your manager and HR about this letter, and if they respond negatively, its something you should send to CIC, with an explanation letter. Also, if you have the original posting for the recruitment of your position, or maybe ask HR to provide you with an internal description of the position, which you can then send to CIC. Really, any information that speaks to your position, which you are able to provide, would certainly go a long way.

 

[GinnyPi]

I would suggest appealing to your manager/HR/the employment agency. Send them an email explaining the situation, and request a meeting to discuss the possibility of getting letter that you need from them.

If the meeting/request is not granted, you can have a paper trail to send to CIC to show that you tried.

If the meeting is granted:
Show them the email from CIC. Tell them about the previous rejection and explain how much this gesture will mean to you and affect your life. Show them copies of whatever items you submitted to CIC (the whole application package, but mainly the part related to your employment at BMO)

All the time make sure you are respectful and very appreciative. Don't act as if it is your right to get their help, or as if it is just a tiny thing you're asking for. Just bite your tongue, swallow your pride. If necessary, shed a few tears when talking to them (just a little).

Remind them that you are not asking for a character endorsement or anything about your performance. It's just a job description and the fact that you're employed there.

If all this fails, ask the employment agency and/or your superiors in the bank/HR if someone is willing to take a phone call from CIC. If yes, schedule a conference call.

As everyone else has said, you're very fortunate to have this opportunity to explain yourself. Seems like the VO wants to help but they have to protect themselves and maintain fairness so they're giving you one more shot.

 

[from_mumbai]

First of all yoy are luck that you got a chance to prove your employment . Most of us including me were refused even before getting a chance to provide any more documentation. The best idea would be to explain the situation in a letter. Try contact your manager over the email and get her response in a written letter or email . Attach both and send it . Thats the most you can do .

sorry to hear that.. but can u tell me why was the application refused?

 

[ssparkles]

Thank you all for your kind words. I suppose the initial hours of getting bad news are the worse. I have a knot in my throat.

Sabishawan - You are right I am getting a chance to submit something, it could've just been refused outright. I've written a letter to my manager and will also write one to the employment agency but am waiting to calm down before I send anything. I feel I'm so stressed I might say things in an unpleasant way. And once you do that things might not work. So I'll wait till tomorrow morning before I send anything. I want to figure out what all I can do today.

Andy2109 - I know I have to get it in writing but that manager of mine knows way too well about paper trail so she might not even reply to my email. But I'm thinking maybe I should CC her manager and some HR person and maybe some important people higher than her so that she is put on the spot to reply one way or the other. I can ask her to confirm that she refuses to give me any confirmation for my job duties (that'll be enough coz it'll prove she isn't giving it). I'm still thinking on possible things to do not sure yet.

CEC2012 - Paper trail is so important I agree. Unfortunately they also know the meaning. I have the job description from the agency but nowhere does it says its from the bank! Seems like those corporate stories where they've thought it all through!

GinnyPi - I agree. The more I suck up and bite my tongue and swallow my pride the more likely I am to have a favorable outcome. That's why I'm waiting to send the email I've written. I'm so angry and upset that such a technicality even exists. I have no proof at all that I spent 2 years of my life in a job, no proof! NONE! I don't think its all of BMO that's like this or who knows actually.

So in the letter that I've written and not yet sent - I stated when i worked, my job description and told them (I will CC My bank manager, her manager, ceo, hr person, employment agency manager, and whoever else I can think of) asking them to confirm that they refuse to provide a letter of employment because i was employed through and agency and cannot provide me with a reference nor can they confirm my duties for the same reason. If such laws exist I respect them and all I need is for them to confirm that such are the reasons and that is why they cannot give me any proof. However if you would like to confirm my job description at BMO you can do so as well and the following are the duties I submitted to immigration. (maybe the higher ups will find it a simpler option who knows)

By emailing all of these people I sure will get my manager's head bursting in anger but at this point in time I have to get some answer from somewhere. And when I worked there I knew when you cc'd the bg shots you were like to get some answer right away as opposed to mailing one person). Someone will reply in some way and maybe I can forward that to immigration saying look this is why i couldn't get it in the first place.

From someone not in my shoes does this seem like a good idea or a terrible one? :-X

 

[ssparkles]

sorry to hear that.. but can u tell me why was the application refused?

It's not refused yet. They are asking me for an employment letter from the bank and not the employment agency that placed me there and paid me. The bank refuses to give me this letter coz according to them its the agency that has to give me such things. Immigration wants a letter from the bank.

I don't know what to do. So discussing hoping to find a solution

 

[Pippin]

Apart from your manager who does not wish to be helpful, can you get another supervisor to vouch for your duties. Pictures of you in the workplace, name badge, business cards, peer letters. Even a letter from head office explaining the banks position not to do reference letters for agency hired workers. Wish you luck and will try to think offer ideas. This is so unfair. I hope you included a cover letter clearly spelling out your issues to the VO.

 

[jes_ON]

Ditto what Pippin said. If you can't get the letter from that one person, perhaps there is someone else you can ask.

It is unlikely the agency will give you a photocopy of the contract between the agency and the bank, but you could ask.

Of course, what everyone has said about documenting your efforts and their refusal is spot on. You can still provide the name and contact information of the manager - she may be unwilling to write the letter, but if CIC called her, she would probably speak with them.

If you try again with the manager, make it crystal-clear that the letter is not a "recommendation," it is not "sponsorship," it is merely a statement of the facts of the duties you performed. You could even prepare a draft letter to show her.

Good luck!

 

[GinnyPi]

First of all, good job for waiting to cool down before sending anything off!

Next, I have to humbly disagree with your approach. The letter that you've described should be the very last resort. I STRONGLY suggest not to send that as it might be seen as being rude.

It's not all of any organization, but the big banks in Canada tend to be like this so don't worry it's probably not personal against you.

Here is my suggested draft of a letter.

Dear (ssparkles' manager),

As discussed last year, I am in the process of applying for permanent residence in Canada, and I submitted my application on June X, 2012. Prior to submitting my application, I had asked you for a letter confirming the nature of my employment at BMO. Unfortunately, you were not able to assist me with such a letter due to bank policy.

I submitted alternative proof of my employment, but unfortunately the immigrations officer has contacted me to advise that this is not enough. They are still requesting additional information, preferably directly from the bank.

I would like to appeal for your kind assistance in this matter. Would it be possible for us to have a quick meeting? I would love the opportunity to discuss this with you and show you the email that I received from immigrations, as well as the items that I have already sent to them. I am hoping that we can find a solution that you are comfortable with, so that I can resolve this situation. I am happy to provide any documents or information that you would like to see.

As a reminder, here is the list of items that are normally required by immigrations to be included in the letter of employment:
(cut and paste from the cec checklist, the section that applies to the employment letter, and provide a link to the checklist online)

I look forward to discussing this with you, and will appreciate any advice or assistance.

Regards,
Sparkles
Cc every single person at bmo that you think might be of help, including hr, as well as anyone at the employment agency that you think might be of use

 

[Pippin]

A beautiful first +1 to you for an exceptional letter. Great idea.

 

[yahoo7]

Hey Everyone,

I was wondering if anyone knew what I can do in this situation. :'( I worked full time at a well known bank for 2 years but I was on contract through an employment agency, every 6 months this contract was renewed and I worked there between june 2010 to may 2012.

When applying for Immigration I asked the bank to give me a letter of employment, which they said they could not give because i was employed by the agency and not the bank. Finding this quite shocking at the time I asked if I could get a reference letter to which again my manager said no because i was employed by an agency. I tried again and again with no luck. Anyway I thought this is how it is and I went to the employment agency and they gave me a letter of employment stating that I worked there along with the duties.

I just got an email from Immigration stating the following: (copy pasting the main things in the email)

This refers to your application for permanent residence in Canada. I am writing you this letter to express my serious concern(s) regarding your application.

I have concerns regarding your eligibility in the Canadian Experience Class. You submitted a confirmation of employment issued by xyz employment agency describing your duties and conditions of employment with the bank as an Accounting Technician. I have concerns regarding your duties and responsibilities as an Accounting Technician because this information is not supported by evidence from the Bank of Montreal, for which you performed these duties.

Therefore I am asking you to submit any additional information and/or documentation that would allay my concern(s). You have 60 days from the date of this letter to submit the additional information and/ or documentation to the above address.



I can go to the agency again and they will still give me the same letter stating my job and duties. This it what i submitted before and isn't enough. The bank manager is a known b**** and I don't know if it's how banks work or whether its just her not helping me.

If I get a letter from the employment agency saying that the bank has refused to give such a letter because the position was on contract will this be enough? Is it going to convince immigration? I know even if I contact that bank manager she will say the same thing that because you were on contract we cannot confirm your employment and duties. Or should I email her asking to confirm and when she says no then I can forward that to immigration? I don't know if she'll be that stupid but it might be worth trying?

What do I do? Does anyone have any experience with this? I even worked full time what the hell :'(

I know that you are tired of people saying that you are lucky but I am not able to to stop myself from saying it again that you are lucky buddy...
One thing what I infer from the email which was sent to you is supporting letters from client does matter in some cases...
Seniors, do you agree?

 

[GinnyPi]

A beautiful first +1 to you for an exceptional letter. Great idea.

Thanks

 

[dbss]

Hey Everyone,

I was wondering if anyone knew what I can do in this situation. :'( I worked full time at a well known bank for 2 years but I was on contract through an employment agency, every 6 months this contract was renewed and I worked there between june 2010 to may 2012.

When applying for Immigration I asked the bank to give me a letter of employment, which they said they could not give because i was employed by the agency and not the bank. Finding this quite shocking at the time I asked if I could get a reference letter to which again my manager said no because i was employed by an agency. I tried again and again with no luck. Anyway I thought this is how it is and I went to the employment agency and they gave me a letter of employment stating that I worked there along with the duties.

I just got an email from Immigration stating the following: (copy pasting the main things in the email)

This refers to your application for permanent residence in Canada. I am writing you this letter to express my serious concern(s) regarding your application.

I have concerns regarding your eligibility in the Canadian Experience Class. You submitted a confirmation of employment issued by xyz employment agency describing your duties and conditions of employment with the bank as an Accounting Technician. I have concerns regarding your duties and responsibilities as an Accounting Technician because this information is not supported by evidence from the Bank of Montreal, for which you performed these duties.

Therefore I am asking you to submit any additional information and/or documentation that would allay my concern(s). You have 60 days from the date of this letter to submit the additional information and/ or documentation to the above address.



I can go to the agency again and they will still give me the same letter stating my job and duties. This it what i submitted before and isn't enough. The bank manager is a known b**** and I don't know if it's how banks work or whether its just her not helping me.

If I get a letter from the employment agency saying that the bank has refused to give such a letter because the position was on contract will this be enough? Is it going to convince immigration? I know even if I contact that bank manager she will say the same thing that because you were on contract we cannot confirm your employment and duties. Or should I email her asking to confirm and when she says no then I can forward that to immigration? I don't know if she'll be that stupid but it might be worth trying?

What do I do? Does anyone have any experience with this? I even worked full time what the hell :'(

if your name shows up in their internal directory, take a print out of that too...