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Old 05-28-2009, 09:46 AM   #1
smithtofuhr86
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Default Laying somebody off, E.I. question(s).

My sister was visiting last night and she's going through a bit of a tough time and was looking to leave her employer of 5 years (1 year was mat. leave) and she was hoping instead of quitting they would just lay her off...now the question or questions that I have is does it effect the company at all if they lay someone off? Does it cost the company anything? Does it hurt their cred? etc. What are some reasons that a company would not want to "lay someone off". I think she was hoping to get laid off to collect E.I. until she sorts some stuff out in her personal life. Anything helps, thanks in advance for any input I know I can always count on you guys/girls for helpful tips!
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Old 05-28-2009, 10:00 AM   #2
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Does her employer not have a short/long term disability plan she can go on to sort out her problems?
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Old 05-28-2009, 10:30 AM   #3
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depends on the company:

generally a "lay off" is used to lower head count and make the numbers look better for investors and stock holders. it is also a 'good reason' to fire someone.

there is usually a package involved for the laid off employee, and that in turn will effect the numbers. but in the long run, it helps the numbers. there is some formula they use for compensation.

example...a weeks pay for: each year employed, each year age over 40, position, salary bracket...

your sister may look into transferring her status as a 'temporary employee' as temps usually do not count against the head count/overhead. temps will not get benefits (medical, dental, vision, vacation, paid holiday), but will get paid by the hour...overtime!

hope your sister gets through her troubles.
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Old 05-28-2009, 11:04 AM   #4
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There are enough legitimate EI cases right now with people out of work when they want jobs. We do not need people on EI who just want to "sort out their lives". Sh** happens, that's life. Tell her to cowboy up and go to work. She can sort out her personal life after work and on weekends (unless there is a debilitating mental/physical illness - see disability suggestion).

Maybe I am just cold...
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Old 05-28-2009, 11:24 AM   #5
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There are enough legitimate EI cases right now with people out of work when they want jobs. We do not need people on EI who just want to "sort out their lives". Sh** happens, that's life. Tell her to cowboy up and go to work. She can sort out her personal life after work and on weekends (unless there is a debilitating mental/physical illness - see disability suggestion).

Maybe I am just cold...
I think i agree with you.... If i am understanding you right, your sister or whoever does not want to work anymore, so instead of quitting she wants to be laid off so she can collect unemployment benefits..... Thats pretty shady .......

There are people who request it at my company.... but we have to much work to lay people off. They then just fake an injury to get workmans comp .... maybe tell your sister that could be an option
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Old 05-28-2009, 11:43 AM   #6
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I have a lot of trouble with this as well. I don't like the idea of paying into a program so that people that don't need it are taking personal time off. There are thousands of people that are scrapping by on EI because of the people taking advantage of it.

Also, doesn't the company have to give your sister the first offer for the position back, or hold the position open for her?
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Old 05-28-2009, 11:51 AM   #7
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sleep with the boss, as much personal time off as you need plus full time pay
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Old 05-28-2009, 11:55 AM   #8
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I have a lot of trouble with this as well. I don't like the idea of paying into a program so that people that don't need it are taking personal time off. There are thousands of people that are scrapping by on EI because of the people taking advantage of it.

Also, doesn't the company have to give your sister the first offer for the position back, or hold the position open for her?
WHen you are laying off "dead weight" you can terminate because of lack of work instead of layoff. You are correct that if you layoff you are supposed to offer the job back. Companies will tell you that you are layed off but how they write the paperwork determines if you are eligible to go back.
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Old 05-28-2009, 11:56 AM   #9
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I can't see an upside for the company to do this; unless they also would like to havde that person not work there and cannot find a suitable cause to terminate them. The company would have to lie to the gov't, and by doing so leave them open to being sued for additional severance.

And also having been laid off this year, looking at how little EI pays, and being fortunate enough to find another job right away; the last thing I would want to encourage is somebody to abuse the system.
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Old 05-28-2009, 12:06 PM   #10
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I am not sure on how unemployment benefits work etc but i think the employer pays insurance , that then helps pay for part of the benefits that the unemployed worker receives. I think the more unemployed people claiming benefits the more the company pays in this insurance...... I am not completely positive but i will ask the lady who does that for my company when she i see her next. I know unemployment is that way ... and its bites my company in the ass since i am in construction and some yayhoos make claims when they decide that they dont wanna work anymore.......
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Old 05-28-2009, 12:20 PM   #11
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In Canada, any employee has EI premiums deducted from their paycheque and the employer also has an amount they pay per employee.

Self employed people do not qualify for EI, and don't have any EI deductions made.

Sometimes I've seen where companies ask their employees to become self-employed contractors then just pay them on a contract basis, specifically to avoid things like payroll taxes. But if the government does a payroll audit and decided that there is actually still an employer/employee relationship, the employer can be compelled to pay both parts of the payroll deductions.
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Old 05-28-2009, 12:30 PM   #12
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If a company is publicly traded they may not want to lay people off as they have to report that to the share holders and layoffs look bad. Sure in this case it is one person but in general it can look bad on a company.
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Old 05-28-2009, 12:44 PM   #13
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In Canada, any employee has EI premiums deducted from their paycheque and the employer also has an amount they pay per employee.

Self employed people do not qualify for EI, and don't have any EI deductions made.

Sometimes I've seen where companies ask their employees to become self-employed contractors then just pay them on a contract basis, specifically to avoid things like payroll taxes. But if the government does a payroll audit and decided that there is actually still an employer/employee relationship, the employer can be compelled to pay both parts of the payroll deductions.

My wife was/is a Dancer ( not a dancer like the CP community likes but jazz , tap, ballet and the such) and she was offered a job being a judge at national dance competitions here in the states. They were supposed to be contracted labor. They pay you a set rate but you have to say your a self employed person and they you have to pay whatever taxes are assoiciated with that. Yes your right the employees and employer both pay into a Unemployed beneifts fund. The person has to work at a company for a year before they can stake claims to the benefits after being let go. However they cant just quit and get the benefits. I still think its wrong to approach an employer and asked to be laid off just so you can collect.
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Old 05-28-2009, 01:08 PM   #14
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My wife was/is a Dancer ( not a dancer like the CP community likes but jazz , tap, ballet and the such) and she was offered a job being a judge at national dance competitions here in the states. They were supposed to be contracted labor. They pay you a set rate but you have to say your a self employed person and they you have to pay whatever taxes are assoiciated with that. Yes your right the employees and employer both pay into a Unemployed beneifts fund. The person has to work at a company for a year before they can stake claims to the benefits after being let go. However they cant just quit and get the benefits. I still think its wrong to approach an employer and asked to be laid off just so you can collect.
I agree, but I also know employers who were angry with an employee and completed the paperwork that they were fired, simply out of spite.
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Old 05-28-2009, 01:16 PM   #15
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I thought this thread was going to be about laying off someone who is east indian.
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Old 05-28-2009, 02:23 PM   #16
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This reminds me of the lady that was on the news about 4 months ago complaining about EI. Did anyone else see this lady? Basically she was mad because she hadn't recieved her EI check yet and said to the camera " I had to go back to work for only $1 hour more than I would make on EI because I couldn't get my check in time to pay my bills".

WHAT? She was forced to find a job because there was a 4 week waiting period to get paid, to bad, obviously you didn't need EI.
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Old 05-28-2009, 02:34 PM   #17
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My sister was visiting last night and she's going through a bit of a tough time and was looking to leave her employer of 5 years (1 year was mat. leave) and she was hoping instead of quitting they would just lay her off...now the question or questions that I have is does it effect the company at all if they lay someone off? Does it cost the company anything? Does it hurt their cred? etc. What are some reasons that a company would not want to "lay someone off". I think she was hoping to get laid off to collect E.I. until she sorts some stuff out in her personal life. Anything helps, thanks in advance for any input I know I can always count on you guys/girls for helpful tips!
Yes it will effect the Company depending on what province your Sister works in there are labor laws which specifies what type of severence package an employee whould receive when a layoff happens.

When a person quites the Company owes nothing to an employee.
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Old 05-28-2009, 02:41 PM   #18
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Yes it will effect the Company depending on what province your Sister works in there are labor laws which specifies what type of severence package an employee whould receive when a layoff happens.

When a person quites the Company owes nothing to an employee.
Unless they give advanced and written notice.

IE I give two weeks notice, they have to pay the two weeks even if they walk me that day.
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Old 05-28-2009, 03:28 PM   #19
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WHAT? She was forced to find a job because there was a 4 week waiting period to get paid, to bad, obviously you didn't need EI.
It's a four week waiting period now? I thought it was two?

How long can people stay on EI before they are forced to find work usually?

Don't they have to prove they have been looking for work, etc?
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Old 05-28-2009, 03:29 PM   #20
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It's a four week waiting period now? I thought it was two?

How long can people stay on EI before they are forced to find work usually?

Don't they have to prove they have been looking for work, etc?
I think its up to a year.

And yes, you have to fill in status cards every two weeks that lay out the companies that you interviewed with.
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