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I am fired. What next.......




seenappa
Senior Desi
Member since: May 03




Posts: 254
Location: Brampton


Quote:
Originally posted by jake3d

Sorry about that.
I agree with the others...you made a bad move. Now move on. If you were fired you may not get UI...especially if your boss can prove that you were on the internet and were given sufficient warnings. The others internet use are not the issue, yours is.

If I were in your position I would try to convince the boss not to put a firing as the cause of termination. If it is a layoff or downsizing you will get UI. You have nothing to lose but your pride...and 10 mths of EI to gain. Apologize and make sure you get your UI. It maybe in the bosses best interests since he probably knows you are unpredictable and may go to court.:D

Of course, you can also prolong the agony by going through with the law suit.



Dear TK,

I am sorry to hear about the unexpected job loss. If its any comfort, very large numbers of people around the globe are on the same boat. The governments are doing everything they can.

I do agree with Jake's views and would advise the same. In my humble opinion:

1) Internet is considered company property and if they have sufficient documentation (internet history logs) that you were on internet during office timings they can get their way in the court.

2) It will be very tough to argue the visible minority discrimination angle. All your employer has to do is show couple of office minorities singing his praise to the tribunal to overturn it.

3) Employers never fire anyone alone. They do it in the presence of other colleagues so that they will have witness to back them up.

4) I agree with others that a bad remark on employment record can prove to be detriment to you.

We all have been in your position before. I have swallowed my pride and requested the employer to provide a good reference at least (which can be very useful versus a bad reference). Lawsuit is a very costly affair and has to be undertaken only in case of extreme hardship.

I say, take a month vacation to India. Clear your mind. Explore new opportunities given your NRI experience and vision and make a wise decision. Your Architectural skills are in great demand thought the world (especially Middle east, Singapore, India etc).

All the best and we will be there to help you.

Seenappa.


 
Post ID: 137451 06-02-09 16:10:42
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vikshr
Senior Desi
Member since: Aug 07




Posts: 157
Location:

Even if ROE says "Terminated"

My understanding is, even if ROE says "Terminated", that doesn't automatically take away your EI entitlement.... Until a misconduct or misbehavious is proven on your part, EI people can't say no to you.....
and Onus of proof is upon your employer ....

If not impossible, it is very difficult for an employer to prove misconduct or misbehaviour on employee's part.... and even if employer can prove, who's got time and energy to do that...unless he has some personal grudge against you and is determined to teach you a lesson....

So I don't think you even would need to hire a lawyer, as far as your EI is concerned..... yes you may have to make one or two extra trips to EI office..




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Vik

 
Post ID: 137453 06-02-09 16:35:41
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Aashu
Senior Desi
Member since: Nov 04




Posts: 1352
Location: Vaughan


Sorry to hear that TK.

1. Someone has said earlier that is v imp : "In your case, you were not given notice, so make sure that that you get the severence pay according to the Ontario Ministry of Labour regulations. This is based on the length of time you have worked with the company and is usually one week pay for every year of service." + 2 weeks notice pay (or whatever your contract says) + vacation pay if any.

2. Also if you are fired you can still get EI.

3. I read a weekly column in METRO news paper (wed or thu) about wrongful dismissal...that person is an expert and can offer advice. I will try to get his e-mail / contact. Even if you want to fight against your boss, all you can get is $ and if he agrees to give you that as per your contract, there is no point putting your energy going against him.

4. Also you can get 5 extra weeks of EI now, due to recession as per budget ?


Good Luck.


 
Last edited by: Aashu on 06-02-09 17:00:47
Post ID: 137454 06-02-09 16:58:04
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morning_rain
Global Moderator
Member since: Feb 05




Posts: 1920
Location: British Columbia


TK:

The other posters have been very supportive in their responses to you so you may find mine a bit harsh but :

1) You acted very unprofessionally
2) You are seeking out ways to shift the blame onto your employer (which is unprofessional)
3) If you have complaints about how you were being worked in your office, arguing with your manager is not going to help your case. You needed to approach your manager first and ask to have a discussion about your concerns and what solutions you could come up with to solve your problem
4) RACE IS NOT ALWAYS THE ISSUE - you are always looking for the white elephant in the room (an expression), this is my judgement from reading your posts over the past few years.

5) You would have been better off handing in your resignation then being fired - I dont believe your employer will change your ROE. Career wise, quitting a job is easier to explain to the next employer, than being fired.

6) What the others said - if you have been warned about Internet use, then that is the consequences of what you did.

TK : you dont have a leg to stand on for EI or Human rights purposes is my guess.
You are resourceful and you are a member of a forum (this one) that has numerous discussions on work and professionalism etc.

Dont blame. Look at yourself. Blaming is a really bad thing and will impact your future job prospects. Look at this as a learning experience and move on, but realize YOUR OWN mistakes. dont waste your energy on trying to prove its his fault. You may end up being the one looking foolish in the end.

again - sorry to be harsh.

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~ Morning rain



 
Post ID: 137457 06-02-09 18:22:15
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ecom
Senior Desi
Member since: Jun 07




Posts: 115
Location:


Quote:
Originally posted by tamilkuravan

Guys,
Today morning my Boss fired me. This is what happened :
3 days back, my boss came running to me, as said that he had an urgent work for me to do and that I should do it by the end of the day. I refused, saying that I was not a Robot to do urgent work at his given timing. We got into an argument and the boss left leaving me to do my work. i finished it today morning at 11:00 am (2 work days and 2 hours) and gave it to him.
he then called for a meeting with me, him, his associate and a receptionist to take notes (all gora's). He asked me what was wrong. I said nothing was wrong. Then he asked me why I told that I was being worked like a RObot. I did not answer to that and then he told me that he has seen me a number of times on the internet and that I was warned many times before. I told him , why was he singling me out (for the record for the past 3 days , i was not on the internet) when I saw the Gora receptionist being on the internet all the time. I asked him if he warned her and why he singled me out. Was it b'cos that I was a "Visible Minority"?.
He then told me that he could not work with me and asked me to tender my resignation. I told him that he could not force the resignation upon me as per the Employment standards act. When he heard this he told me that I was fired. I walked out.
So what are my rights now? Will I be able to get my EI? How can I prove my point? Can I take him to the Human Rights tribunal in which I can (try to prove) that he always intimidate Visible minorities. he always gives warning to selected Visible Minorities in group meetings but then when he fires Gora's he always does it in secret. also when visible Minorities resign, he never gives them employment letters and samples of work drgs whereas when Gora's do, they always get Employment letters and sample of work drgs.
Thanks

Peace by TK



Sorry to hear about your job loss tamilkuravan,

In short, If I were you, I would certainly seek legal advise and take appropriate action to protect my dignity and self respect. Under any circumstances I would never accept being treated like "SECOND CLASS CITIZEN" . Why should one assume that "GORA BOSS" will get away with your wrongful dismissal?

If you are sure that your dismissal was wrongful, then you should exercise all possible legal options.

Best of luck.

Ecom


 
Post ID: 137459 06-02-09 18:41:42
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morning_rain
Global Moderator
Member since: Feb 05




Posts: 1920
Location: British Columbia


Quote:
Originally posted by ecom


Sorry to hear about your job loss tamilkuravan,

In short, If I were you, I would certainly seek legal advise and take appropriate action to protect my dignity and self respect. Under any circumstances I would never accept being treated like "SECOND CLASS CITIZEN" . Why should one assume that "GORA BOSS" will get away with your wrongful dismissal?

If you are sure that your dismissal was wrongful, then you should exercise all possible legal options.

Best of luck.

Ecom



I am editing out the comment I made here..because I dont want to appear to be threatening tk, which I was not.

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~ Morning rain



 
Last edited by: morning_rain on 06-02-09 22:28:29
Post ID: 137460 06-02-09 18:48:48
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Fido
Senior Desi
Member since: Aug 06




Posts: 5286
Location: Canada


Further use a legal recourse / HRDC recourse as a negotiating factor for getting termination revoked / taking a notice period / severance pay which shall stand for records ...

Try everything which does not harm you / cost you a lot .... you ve got nothing to lose ... but review your situation and look for different opportunities ....

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Fido.

 
Post ID: 137461 06-02-09 18:54:07
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ranirani
Desi
Member since: Jan 09




Posts: 71
Location:


To explore legal action you need evidence, as does your employer. Your employment contract lists terms and conditions of employment. Typically, you get fired for 'just cause' or get notice or pay in lieu of notice. The warnings you have received may constitute evidence of progressive discipline that the employer can use as evidence of 'just cause'.

However, that has to be given to you in written.The employer is unlikely to give this to you in written without taking some legal advice themselves. If you have nothing in written about cause of dismissal, the ROE cannot elaborate beyond termination either(this part is my opinion, please confirm).

At this point, you have to decide what your focus is TK. It is an emotional moment right now, and your reaction is possibly based on the history of the relationship you had with the employer rather than one incident by itself.

It will be expensive and more importantly, time consuming, to invest your energy in a legal direction. That being said, if you believe your rights have been violated, then you are perfectly within your rights to explore legal options. Too often, we just take it or ignore such things.

It may be best to try and consult a lawyer specializing in employment law for your own satisfaction. And then move full speed ahead to get a new job. I have seen cases like this before happen unfortunately. Typically the lawyer tells you that it might take years and lots of money ...again it is your choice on that issue.

My suggestion: It is good you are sharing this. It helps get it out of your system. Give yourself the weekend to cool off, and then hit the market.

Good luck.


 
Post ID: 137462 06-02-09 18:56:42
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sville
Senior Desi
Member since: Dec 08




Posts: 242
Location:


You are a tough guy. You will get over this.

Take this as an opportunity to learn about your past few months/year at that place.
Try to identify your good learning experiences.
Think about how you could have done things better. If you ever messed up anything (which I accept, we all do), try to think about ways you could have avoided that and done it better.
What all experiences/knowledge would have helped you? Try to gain that.
Well, this is all theory. I know, it's tough when it comes to implementation. But no harm in trying, right?

It's almost never about race.
Your ROE will have something like "let go because of company's financial reason"
(I know, I've got one with that :D)
Nothing bad, nothing to be ashamed of. Usually companies are ashamed of this.
If you are asked that question in interview, tell them honestly that you were let go because of financial reasons.
Usually, companies take good precautionary measures before announcing any layoffs. You are compensated "well", depending upon your tenure with the company and your position/power. We are at tough luck, taking any legal actions. I'd invest my time in more productive activities unless you are sure you have valid reasons and somewhat documented proof.

Have faith. Keep good attitude.
Finally, never ever burn bridges. You never know when you might need help.

Read that "sticky" Job-Interview-Questions thread under "Jobs" section.



 
Post ID: 137465 06-02-09 20:36:55
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alexm
Senior Desi
Member since: Jun 05




Posts: 419
Location:


Quote:
Originally posted by blorean

See the codes at the back of your ROE (Record Of Employment)...if it says you were fired, you don't get a dime. And by the way, why the heck should tax payers pick up your tab if you got fired for fighting with the boss? You know what I mean?

:down:

Give the poor guy a break. Do you kick someone when he's down? He was asking for some advice. Yes, he may have made a mistake, but you could be more sympathetic in pointing that out.

TK - I have dealt with HR on matters like this in the past. Have you received written notice earlier that you were not performing your duties? That you spent too much time on the internet? You cannot be fired for non-performance with prior notification (not verbal). If your employer cannot prove this, you may have a case.

However, do you want to fight this? If so, you should work out how much it will cost you financially. Hope this helps...


 
Post ID: 137466 06-02-09 20:59:13
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