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Hello. I am a technologist in the architectural discipline who has 18 years experience. When I applied for a job at an architectural firm my resume clearly indicated senior technologist. I was hired. I worked there for 10 months until the company let me go along with a few other employees due to lack of work. In my dismissal letter it refers to me as an intermediate technologist, I talked to my co-worker who has 9 years experience and asked him what they put on his dismissal letter. He indicated that they called him a junior. I am aware that if you let an employee go due to lack of work, you cannot hire someone in that same position until a certain time period (a year?). I know that they ran out of work, but I am also under the impression that they are referring to me as intermediate and my coworker as junior for the purpose of tricking the government by dividing us into these categories. If they called me a senior and my co-worker an intermediate they would not be able to hire a senior in a few months or so when it picks up but if they called my an intermediate and my co-worker a junior, it gives them the ability to hire a senior immediately when it picks up. Do I have a case here. After 18 years of experience, I don't see this as fair, and I don't see it as legal. could ask them to change the letter, but the government will get the original letter saying I was an intermediate. Do I have a case?
The Company has the legal right to end your employment, BUT they must provide you with severance. You absolutely have a case for severance. Please use our severance calculator to determine your entitlements.
Comments
Thanks, the calculator indicates that they should be paying me minimum $9000 severance. All I received id 2 weeks in lieu of notice and vacation pay as I was only employed fro 10 months. If I was employed but never actually received any contract in writing, am I still eligible for this severence
Yes, you are certainly entitled to more. The 2 weeks and vacation are your MINIMUM entitlements. Please give us a call at the number below to schedule a consultation with one of our lawyers who will be pleased to assist you.
So even if I only worked for them for 10 months, I am entitled?
Yes.
I called ministry of labor, they told me that the employer only has to pay me the minimum (notice and vacation pay) and that lawyers are saying I am entitled to this severance because they want my business ($) and probably don't care about the outcome as long as they are getting paid. Is this true?
No. Please see this article: http://labourclaim.ca/ You were likely provided with poor advice from a non-trained professional. The ministry of labour can only assist you with respect to your minimum entitlements. Please give us a call to discuss your matter.