work termination and work permit card

[lostforever]

my employer just terminated my work. i still have one year on my work permit. can i stay in canada until it expires? i understand I cannot work for another employer with it.

Also my employer has asked me to turn in my work permit card. Are they authorized to do that? If I turned that in, can I stay with the visa stamp only?

 

[SenoritaBella]

You can stay till it expires. As far as I know, your work permit is a gov't of Canada document and does not belong to an employer, so they can not take it from you. Ask your employer to show you where in the law it states that they can take it and then see what they say.

Also, if you have been terminated unjustly, it is worth exploring what options are available to you for recourse.

 

[out]

what work you were employed in that got axed?..

what's the reason why you were terminated; is it at their end that they don't like to continue employing you?

or a problem cropped up that they even demanding your work permit card. whatever the prob between you two; there is no clause in CIC to surrender anything that is yours especially documentations issued to you and under your name.

hopefully both of you agreed amicably and you will part ways with no issues and worse accussations. if there is a really problem that you need assistance and arbiter; you can contact cic and email your situation.

 

[lostforever]

well without getting specifics, they considered I did somthing that breached our contract. I did not have bad intention but looking back I do understand part of their rationale. Although the whole thing is debatable and they are also partly at fault, I don't want to fight against them for that. As a result they termiated me as of today, ask for the relocation assistance they provided back and my work permit card back.

another question is would somthing like that impact my future chance of employment? I mean would specific reason come up in background search? they did say they will keep confidential. I have always have good skills and dedicated. They did not terminate for performance reason.

 

[SenoritaBella]

By "work permit card" are you referring to the work permit document? That document belongs to you and only CIC can ask for it back.

You may want to discuss employment references with them - ask if they would be willing to confirm your start and stop dates of employment if called to provide a reference? A background check for future employment will likely being up all your past employers and you may be asked why you left this employer. So be ready with a suitable answer.

 

[lostforever]

yes they refer to the work permit document. I will inform them about the info I got here. They are not very familiar with canada immigration law.

Yes they are willing to provide employment verification documents. To prepare for the answer, can I just say I left for personal reason? Would they check with previous employer for leave reasons? Or should I just say I was laid off?

 

[out]

no matter what reason you will tell is highly probable they like to know everything about you as part of your background check. hopefully you can find someone who can vouch for you. at least the prospective employer will be more comfy if someone acts for a guarrantor. pray more that good God will help you to find the light in the tunnel. take care!

 

[lostforever]

when I talked to them today. They said the corporate immigration lawyer advised that I surrender my document. I have asked them to show the terms of law which specifies this.

 

[out]

well to each his own reasoning of stand. their words against your words. If worse comes to worse; in CIC you can address your plea that your work permit is being asked to surrender by your employer. maybe the CIC will hear both of your sides to arbitrate both of your claims.

if they are true enough and generous to help you by not dragging the employment breakage you both have - pray and ask the good Lord about it.

If you think they are not over yet and just pretending; pray again to the good God that you will an employer that will listen to your situation or someone can recommend you to another employer that not so much on background check.

are you still with your employer? may we know what kind of work you are in troubled at?

 

[SenoritaBella]

Read this: http://www.go2hr.ca/ForbrEmployers/ManagingStaff/EconomicUncertainty/TerminatingForeignWorkersonWorkPermits/tabid/1808/Default.aspx

"When dismissing foreign workers, employers must abide by employment legislation and provide adequate notice or payment in lieu of notice. When a temporary foreign worker is dismissed by a Canadian employer, he is eligible to remain in the country until his work permit expires. However, the foreign worker cannot work for another Canadian employer without first obtaining a new work permit — either by way of Labour Market Opinion (LMO) approval from Service Canada or an exemption category under the Immigration and Refugee Protection Act.

If an employer dismisses a foreign worker, it should notify Canadian Immigration and Citizenship of the termination to ensure there is no possibility of misuse or fraud of the work permit held by the foreign worker."

I wonder whether the above(in red) is the reason they are asking for the work permit? Anyway, they only need to notify CIC not take the permit.

Although this is about BC, the same applies to employers in other provinces. Google "Terminating foreign workers on work permits in (name of your province)" to find out more information.

when I talked to them today. They said the corporate immigration lawyer advised that I surrender my document. I have asked them to show the terms of law which specifies this.

 

[lostforever]

Thank you both for reply. My employer did say if the background check specifically ask for leave reason then the termination with cause will come out.

Thank you for your pray. I guess my occupation does not really matter here. It did require a LMO.