Hiring and Firing Law in canada


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tamilkuravan   
Member since: Jun 05
Posts: 5775
Location: God's own country

Post ID: #PID Posted on: 25-08-07 22:00:34

Quote:
Originally posted by MeagainMe

What is the difference between firing & layoff ?

I was under the impression that both are same....as losing your job & getting 2 weeks notice or salary in either case.


The most important aspect is the eligibility for Employment Insurance.
If you are fired , you are not eligible for EI benefits which can be quite substantial b'cos it can include your EI pay + free upgradation of some specific courses.

TK A


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morning_rain   
Member since: Feb 05
Posts: 1920
Location: British Columbia

Post ID: #PID Posted on: 25-08-07 22:47:12

Quote:
Originally posted by tamilkuravan

Quote:
Originally posted by MeagainMe

What is the difference between firing & layoff ?

I was under the impression that both are same....as losing your job & getting 2 weeks notice or salary in either case.


The most important aspect is the eligibility for Employment Insurance.
If you are fired , you are not eligible for EI benefits which can be quite substantial b'cos it can include your EI pay + free upgradation of some specific courses.

TK A



No - not technically true.
A person who has been fired MAY qualify for Employment insurance benefits provided that they can provide a reasonable explaination for the termination of employment.

As well - free upgrading of courses is not automatically given to everyone. One must qualify and it is based on the individual's employability and transferable skills.


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MeagainMe   
Member since: Aug 06
Posts: 208
Location:

Post ID: #PID Posted on: 07-09-07 20:35:58

That would mean that firing can be for any misconduct(not related to one's performance) whereas lay-off can be related to performance or cost-cutting..


As I have read on CIC's website that a person wouldn't be elligible for for EI if his employment has been terminated due to any misconduct, in office or outside.



kumar_vadivelu   
Member since: Jul 07
Posts: 114
Location:

Post ID: #PID Posted on: 09-09-07 16:05:44

Yes you are right.Fired employees are eligible to receive Unemployment Insurance but the Judge would be HRDC not any other governmental organization.

HRDC will decide based on the length of service, family situation, previous employment record, including any EI fraud in the past to grant UI.


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Aashu   
Member since: Nov 04
Posts: 1353
Location: Vaughan

Post ID: #PID Posted on: 21-01-11 14:21:43

CAn u get EI if you quit for a valid reason (not personal but something bothering you at work ? say ur manager )?



dudewheresmycar   
Member since: Jan 07
Posts: 980
Location:

Post ID: #PID Posted on: 21-01-11 15:29:04

Employers can fire for any reason including performance..

Laying off employee results in higher ei premiums

Firing on the other hand could results in law suits, hrdc enquiries if proper process is not followed including giving 3 warnings, creating correction plan etc.. this includes performance.


some small companies dont like to pay higher ei premiums will go to the trouble of warning and firing.


Most companies like to avoid hassle and will lay off person.

There is a 3rd situation where u can quit and still claim EI by claiming discrimination, mistreatment, creating a unworkable environment.

I have known ppl who have got EI for the above reasons.








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