#JobLoss #Severance #EmploymentInsurance #WorkplaceIssues
Hey everyone! 👋
I recently found myself in a tough spot – I got fired from my job after almost three years. This was my first time ever facing something like this, and to be honest, it’s a bit overwhelming. 😟 Here’s a bit of what happened:
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Reason for Termination: I was told I wasn’t putting in enough hours and that I had "personality clashes" with my manager. Honestly, this started after I repeatedly expressed safety concerns about operating a faulty machine he made me use for over a year. Last week, during a particularly scary malfunction, I almost hurt myself and decided to refuse operating it again, which didn’t sit well with him.
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Management Response: Instead of addressing the safety issue, he focused on how my attitude was a problem and stated that I was creating a sort of “union” against him. I was just frustrated after months of dealing with this!
- Outcome: I was given a two-week notice, and it seems like they’re going to announce my firing to the whole company. I just want to move on to a healthier work environment, but I also have a lot of questions about what comes next.
Here’s where I could really use some advice:
🔍 Understanding EI (Employment Insurance) & Severance:
- I’ve worked full-time for nearly three years, and I have no clue how EI works or if I’m entitled to severance.
- The manager mentioned something about marking me as "laid off," but I’m skeptical and want to ensure I get what I deserve.
💡 What Should I Do?
- Should I ask for a written explanation about my firing? I suspect they’ll just repeat the same points about my attitude rather than addressing the real issues (like that faulty machine!)
- Have any of you been in a similar situation? How did you handle it?
I’m actively looking for new job opportunities, but the market isn’t great right now, so any tips to navigate this transition would be awesome! 👌
Let’s talk about it! Have you ever faced a workplace issue like this? What helped you through it? Your experiences and advice could really help someone else who’s in a similar boat!
Thanks for reading! 💖
What did service Canada say when you called them, visited a service center or googled their website?
I would call the Ministry of Labour and report them for violating safety standards and forcing you to work in an unsafe work environment
You have the right to refuse unsafe work as per OHS law, them firing you can be considered retaliation. As long as what you are saying about operating faulty equipment is true what they are doing is illegal and you should talk to your provinces labour board/ OHS
Lawyer up!
If what you’re saying is true, this is an easy lawsuit. Your manager will cost the company a lot more money…. Again, if what you’re saying is true.
You’re still entitled to EI even if you were fired.
Being fired doesn’t negate being entitled to benefits.
Apply for EI.
Don’t say anything else. Just file a complaint with the MoL.
Lawyer up
Out of all the responses you’re going to get, this is the only one you’ll truly need.
First off, **apply now** if you haven’t already. No need for anything else, letter or news from them, just apply.
There’s literally no excuse not to file right as you get out of work on your last day. **Now** is the time. Don’t wait for ROE or whatever, apply **now**.
Then, depending on what your employer says, you might be called by an agent or not.
Say you were fired for incompetence. Doesn’t matter if that’s not what you think, that’s what you’re writing in your claim. If you need to explain why you did that, say you made a mistake.
If the employer says the same, that’s the end of it, you’ll get EI.
If the employer chooses to take time out of their day to bad mouth you, then you might have to explain what happened. But they often don’t.
In this scenario, it’s insubordination, but your reason for refusing to do something was your own safety, which is fine.
If it comes down to it, you will have to explain why and how *precisely* this was a dangerous situation for you, how you tried to fix it by talking to a superior, and how they did jack shit. So get your story straight.
If what you said is true, then there shouldn’t be any issue.
Now, putting you on the back burner for two weeks is a suspension, but it doesn’t really matter. You can still assume you were fired.
The only thing you have to remember is that if they call you back to work, i.e. if it’s indeed just a suspension, and you refuse to go back to work, it becomes a voluntary leaving on your part.
Doesn’t mean you won’t get EI, but it’s a bit harder.
For dismissal, it comes down to misconduct… did u do something that caused you to be fired (absenteeism, insubordination, harassment, etc.). For quitting, you need to show just cause for doing so (another job, spouse gets transferred and u r going with, etc.).
Find another job you’re young and healthy you don’t need to mooch off of the system
You can definitely file for EI if you’re fired. No worries there.
However if everything your saying is true, this is an easy open and shut case. Any lawyer would be dropping for a case like this. It’s against Ontario Safety act to force you to operate unsafe machinery. I believe if you report it, they come with an inspector to the place.
Besides that you mentioned your boss saying something about you forming a union as a reason to fire you. If you were actually forming a union, it’s actually illegal to fire you as a reason. If I’m wrong someone please correct me. I can’t remember if you have to actually be in the process or even planning to counts.
If you have any documentation that says that’s why he’s firing you, even better. The company will get dinged for it.
https://www.ufcw.ca/index.php?option=com_content&view=article&id=32573&Itemid=2451&lang=en#:~:text=In%20every%20province%20in%20Canada,right%20to%20join%20a%20union.
Your employer can speak to you about the union, but under the law they are not allowed to threaten, coerce, discriminate, make promises, impose a penalty, or do anything that stops you from making a free decision on union representation.
In every province in Canada, it is a violation of provincial labour law to terminate or discriminate against an employee for exercising their right to join a union. Your employer is also not allowed to use intimidation or coercion against you during a union organizing drive.
They fired you but still want you to work for the next two weeks? I wonder if the owner even knows that you’ve been fired (sounds like they might be on vacation) and your manager will come back to you saying the owner has changed his mind.
Hot damn. Lawyer up!
Breach of workplace safety.
Union busting.
And of course termination without cause.
Take your evidence to any labor lawyer and watch their eyes light up with greed at the percentage they’re about to ask for.
If you’re in Ontario file a section 50 with the Ontario Labour Relations Board – Unlawful Reprisal
Oof, this is a doozy. Assuming what you say is accurate, it sounds like they’re framing this as a paid suspension for “insubordination,” and they’ll decide whether or not to let you go when the owner gets back. So you’re not quite fired yet. (I wouldn’t be surprised if they’re hoping you’ll find another job and just quietly quit and move on in the next 2 weeks.)
You have 4 weeks to apply for EI after your last day of work, so you can wait until the owner comes back and makes his decision. If they’re actually ~~paying you~~ making you work for the next couple weeks, you won’t be eligible for EI until after the last day worked, anyway. And you will need a Record of Employment, so if they’re not firing you yet and not going to file a ROE until after the owner gets back, you can wait to see what’s going to happen.
(ETA: I think I read in another comment that you’re actually supposed to work the next two weeks? If so, you won’t be able to apply for EI yet and the below *definitely* applies.)
*Do not quit.* Voluntarily quitting won’t necessarily make you ineligible for EI, but the bar to prove that you’re quitting due to dangerous working conditions is very high and not worth the hassle. If your EI adjudicator decides you voluntarily quit without just cause, you won’t get EI. It’s easier to let them fire you, then apply for EI with your evidence for termination without cause. If they file it as a layoff, even better.
Do continue to refuse any unsafe work. You’re protected under your province’s OHS laws for refusing unsafe work. No job is worth injuring yourself over.
In the meantime, you need to start documenting everything. Write down every instance you can remember (approximate date & time) when you reported the malfunctioning/broken equipment, with as many details as you can remember. Write down what was said, by whom, and what, if anything, was done to solve the problem. Include names of witnesses if there were any, and be objective – write down the facts, exclude emotions. You said you have video of the malfunctioning equipment, which is very good. Write down the latest conversations with your boss regarding your forming a “union” against him and details of this weird “firing/suspension.” Try to get a copy of your “firing” announcement; if it’s done verbally, ask some of your coworkers for written statements. It sounds like they’re using this “firing” to scare others into complying and not reporting problems, which is shitty of them.
With all that said, you *need* to report them to your province’s OHS/WCB. They’re going to ask someone else to run this machine; you don’t want that person to get injured. Keep a copy of your report. They will know who reported them (reports are anonymous, but it’ll be obvious it’s you), and if you’re still working for them at this time, they will likely retaliate in some form. If they fire you for it, even if they say it’s for something else, it’s pretty obvious retaliation. If they keep you on, they’ll make your working life hell, but just keep documenting everything they say/do. Canada is one-party consent, so you can record conversations without prior permission.
From there, you can decide whether to lawyer up or not, but you should report any retaliation to WCB. It’s called a “prohibited action complaint” here in BC, but I’m not sure what it would be called elsewhere.
And start looking for a new job, because this ain’t it.
Good luck.
I doubt they will terminate you with cause, but instead lay you off. It makes a difference to EI. Just file when you get your ROE.
Some of the advice here is a bit nuts.
Go to a labor lawyer
Sounds like they’re making you work the two weeks instead of paying you on lieu of notice hoping that you quit and they don’t have to pay you anything.
I suggest getting a 30 minute consultation with an employment lawyer for advice.
If the guy can get your ROE process started with a layoff as reason for separation then I would do that and not wait 3 weeks til the owner returns. File with last day worked of Tuesday Sept 24th. Give your managers name and number for contact. Then everything is in place when the ROE comes in. Good luck! The ROE can also say dismissed, but it’s best in that case if there’s an ROE comment added saying ” not suitable for position, terminated without cause”.
Next time ask for the instructions to keep working with the malfunctioning machine by email or text. Then save a copy. Every time you had a concern, did you give it by email or text? Again, save a copy.
Contact your department of labor to report the unsafe conditions and retaliatory firing. Write up a summary of events, dates and times of your concerns and how you reported them and to who and their responses. Give a copy to them. Then contact EI and do the same report.