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oggy_3

Anyone familiar with Canadian Labour laws.

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So i have been working at a Sports store for nearly 3.5 years. My assistant manager quit two weeks ago, my manager stepped down and me being a supervisor and two other supervisors were the only ones left from when i started. So today i received a phone call from my district manager asking when i worked next told him the next moring at 9am. He then told me i was not needed and that i was being dismissed because he thought my attitude wasn't good. So after almost 4 years i get canned by a guy over the phone who i have met maybe 5 times and worked with once.

So during my one shift with him I will admit i was pretty pissed about this who new change and at lunch he had a meeting with me and told me that he is running the store now and he did not like my attitude in the moring. He Said i can change my attitude or leave it does not bother him. So i told him i would like to stay and I thought i changed the way i was acting, BTW told by my old manager who i was working with that shift that my mood had changed to the better from the morning. So the shift ends was told nothing

A little more information, I am a university student and I had a meeting Monday night, I called him saturday tellnig him that i won't be at the meeting because i have class and he asked me if i can try. So monday i leave class half way to attend the meeting.

So i am filing a grievence wwith the labour board about some seperate issues dealing with certain laws the company does not follow but i was just wondering the way of me being let go is acceptable. He said i would receive my two weeks worth of pay but being at the age I am at i do not want my longest job experience saying i was fired, i would like to say i left. Thanks oggy_3

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Unfortunately I don't think there is anything wrong with how he let you go....from a legal standpoint. Purely horrible managerial skills to fire you in that manner, definitely.

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As far as I'm concerned he can't just let you go without proper documentation. Especially after 3.5 years. I made this mistake in the past with an employee and he called us on it. But it's up to you whether or not you want to hit them with a labour complaint.

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If I remember from my university days...I'm pretty sure an employer does not need a legitimate reason to fire you, so long as they provide you with acceptable severance pay. If you are fired for 'just cause' the employer can argue that they do not need to pay you severance.

Division X

Individual Terminations of Employment

Notice or wages in lieu of notice

230. (1) Except where subsection (2) applies, an employer who terminates the employment of an employee who has completed three consecutive months of continuous employment by the employer shall, except where the termination is by way of dismissal for just cause, give the employee either

(a) notice in writing, at least two weeks before a date specified in the notice, of the employer’s intention to terminate his employment on that date, or

( B ) two weeks wages at his regular rate of wages for his regular hours of work, in lieu of the notice.

-----------

Division XI

Severance Pay

Minimum rate

235. (1) An employer who terminates the employment of an employee who has completed twelve consecutive months of continuous employment by the employer shall, except where the termination is by way of dismissal for just cause, pay to the employee the greater of

(a) two days wages at the employee’s regular rate of wages for his regular hours of work in respect of each completed year of employment that is within the term of the employee’s continuous employment by the employer, and

( B ) five days wages at the employee’s regular rate of wages for his regular hours of work.

So, if they are going to give you 2 weeks pay as severance, sounds like you are going to be out of luck with any kind of formal complaint.

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So I called my provincial labour union and they said because they are giving me two weeks severance pay they are aloud to get away with it but they told me i get 24 hours worth of pay because that is my average pay.

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