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The organization's employees were contracted on a yearly basis. Which meant, every year our position would be posted as vacant and employees would have to re-submit a resume and reapply for the job that they currently held. Daily work life did not change, as we were all expected to arrive to our jobs as usual. There were no formal interviews conducted every year, as it was an understanding that we remained in our positions and this was a procedural regulation. I have been employed at this organization since December 2011. However, recently they have switched all employees from contract to permanent. Employees who were contracted moved over to being permanent and kept their current salary. This was great, as we didn't have to apply for our jobs every year and deal with the insecurity. However, new employees would now be hired at a much lower and unreasonable pay. Settlement Workers are getting paid below the poverty line at $15/hour. In my position, there are two employees. I get paid at least $7 more an hour than the other worker, who is doing the same job. My concern is that now they are experiencing budget cuts. They are expecting to let go a large number of people. It was presented to us in a meeting that job performance and seniority will not be a factor in the decision of who is getting laid off, as I am quoting my supervisor. If job performance and seniority are not a factor in this decision, my concern is that I may be let go due to the fact that I get paid reasonably more than the other employee. But, this is unfair. I have been here much longer, and my performance is nothing but stellar. Is there anything I can do about this if it occurs?
Hi Amanda. Thank you for your question. The first thing to understand, unfortunate as it may be, is the performance and seniority are irrelevant considerations in "without cause" terminations. Although it may not be the best business practice, a company is fully within their rights to keep the newest, worst employee and terminate the most senior, highest performing employee - as long as they pay them their full entitlements at law. And this is the key. If and when you are let go, I would strongly encourage you to set up a free consultation with one of our lawyers here to discuss whether or not your severance package is sufficient, given your position, length of service and age. Do not sign anything until you speak to a lawyer.