On Parental Leave...just Got Let Go?! - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

EVERLAST · 09-06-2006, 03:27 PM

Hi all,

I have been on Parental leave since the 13th of August and was to return to work on the 12th of Sept.
I recieved a phone call from my boss and a HR person via speaker phone. I work through a placement agency in the oil and gas industry and they informed me that I will not be required to return to work. I left with the understanding that everything was great. I was encouraged to do so and even recieved a bonus??

This whole ssituation has my head spinning. I was undre the impression that this COULDNT HAPPEN!

I was under contract but that wasnt to be up until November. ANyway, this is all a little unsettling and I am needing to speak to someone who specialises in labour related occurances such as this little gem.

I know I must be nuts posting this on here but in the past I have seen some pretty remarkable responses to people who are members...which is pretty cool.

Any body with anything to offer ??

Cheers

jolinar of malkshor · 09-06-2006, 03:30 PM

Are they going to pay out your contract?

If not that is complete BS especially if they encouraged you to take leave. It sucks, however, it probably wont take you long to find another employer. Hope you get some answers.

photon · 09-06-2006, 03:33 PM

Wow, that sucks! I was under the impression that it was illegal to do this; that they had to provide you with the same job or equal job. Mind you that's for employees. I'm not sure though how it's different if you are under contract.

If they fulfilled the termination conditions of the contract then does it matter the reason for the termination?

EVERLAST · 09-06-2006, 03:33 PM

thanks....and no the contract wasnt paid out. I actually need to find the original as I need to be compensated fairly.

ericschand · 09-06-2006, 03:35 PM

Find a lawyer. Tell him the situation and follow his instructions.
Maybe the company is hoping you'll just go away...

ers

EVERLAST · 09-06-2006, 03:36 PM

Quote:

Originally Posted by photon

Wow, that sucks! I was under the impression that it was illegal to do this; that they had to provide you with the same job or equal job. Mind you that's for employees. I'm not sure though how it's different if you are under contract.

If they fulfilled the termination conditions of the contract then does it matter the reason for the termination?

I really dont care. I work for me and the reason is never going to be good enough. I guess I am just choked. A new baby. My wife and I a living off of my income alone ....oh well....join the club eh

troutman · 09-06-2006, 03:36 PM

Call Lawyer Referral Service at 228-1722, and ask for a consultation with an emploment/labor lawyer. You may also want to talk with Employment Standards at the Provincial Government.

JiriHrdina · 09-06-2006, 03:45 PM

The fact that you work through a placement agency complicates things quite a bit I think as its not a standard employee/employer relationship. You need to check the contract you have with both the company you were working for and with your agency.

EVERLAST · 09-06-2006, 03:49 PM

Quote:

Originally Posted by troutman

Call Lawyer Referral Service at 228-1722, and ask for a consultation with an emploment/labor lawyer. You may also want to talk with Employment Standards at the Provincial Government.

CrusaderPi · 09-06-2006, 08:18 PM

I'm on paternity leave right now (highly recommend it BTW), but as far as I know the company has no obligation to take you back. They have to let you go, and the government has to pay EI, but that is it. I'm not sure what effect a contract would have though. Whatever you find out post it here. I'm interested to find out what happens to you.

arsenal · 09-06-2006, 08:35 PM

Quote:

Originally Posted by CrusaderPi

I'm on paternity leave right now (highly recommend it BTW), but as far as I know the company has no obligation to take you back. They have to let you go, and the government has to pay EI, but that is it. I'm not sure what effect a contract would have though. Whatever you find out post it here. I'm interested to find out what happens to you.

Really? The guy i work with went on paternaty leave for a month and a bit, and he came back, still had his job. He is a full time employee, not a contractor. The same with alot of other people at my company, but they are on maternity leave. They have their job back after a year off. If any company lays you off for paternity or maternity leave.. i would seriously consider taking them to court.

RougeUnderoos · 09-06-2006, 09:06 PM

Were you still being paid while on this leave? I'm a "work for me" person as well and it's laid out pretty clear in my current contract that I work 40 hours a week or they will void the contract.

If they normally charge someone else for your time (and charge a lot and keep the difference) then it does stand to reason that they wouldn't want to pay your salary while not being able to charge you out.

Kjesse · 09-06-2006, 09:33 PM

Quote:

Originally Posted by JiriHrdina

The fact that you work through a placement agency complicates things quite a bit I think as its not a standard employee/employer relationship. You need to check the contract you have with both the company you were working for and with your agency.

Jiri is correct, it does make things more complicated, and you should read both contracts. So is Troutman, get a lawyer's advice, and lawyer referral is a great place to start if you don't have friends who can recommend one to you.

Keep in mind that in this labour market, you will probably get another placement in short order. If you haven't lost anything why bother with a court case or a human rights complaint?

You're in the right, but your damages likely won't be a lot if you can replace what you lost (your job) quickly.

What the company did was (a) wrong and (b) contrary to some well-established laws (plural intentional). But at the end of the day you might be fighting for a principle more than a cheque, so carefully consider what you're about to embark upon before taking legal action.

photon · 09-06-2006, 09:36 PM

Quote:

Originally Posted by CrusaderPi

I'm on paternity leave right now (highly recommend it BTW), but as far as I know the company has no obligation to take you back. They have to let you go, and the government has to pay EI, but that is it. I'm not sure what effect a contract would have though. Whatever you find out post it here. I'm interested to find out what happens to you.

Nope, if you are an employee they are obligated to take you back unless it causes undue stress on the company (ie would cause them to fold).

http://www.hre.gov.ab.ca/cps/rde/xch....xsl/1473.html

The requirements say 52 weeks employment to qualify, so a contract doesn't meet those requirements.. So first blush would be as long as the termination conditions of the contract were met then it's fine. But a lawyer of course would have a better answer.

daredevil · 09-06-2006, 09:44 PM

Quote:

Originally Posted by photon

Nope, if you are an employee they are obligated to take you back unless it causes undue stress on the company (ie would cause them to fold).

http://www.hre.gov.ab.ca/cps/rde/xch....xsl/1473.html

The requirements say 52 weeks employment to qualify, so a contract doesn't meet those requirements.. So first blush would be as long as the termination conditions of the contract were met then it's fine. But a lawyer of course would have a better answer.

I was just about to post this.
Also see this guide...it was helpful for me when I was thinking of doing the same.
http://www.hre.gov.ab.ca/documents/W...ingparentE.pdf

CaptainCrunch · 09-06-2006, 09:54 PM

You don't have a whole lot of rights if your going through a placement agency, contract or not contract. If they decide they don't need you, and your contract dosen't specify length, or specific term compensation, your done.

If your contract is a temporary services contract and you haven't been long term with the placement agency they can let you go with little or no warning.

I would still consult with a labour lawyer as my advice is worth what you paid for it.

EVERLAST · 09-06-2006, 10:13 PM

I appreciate all of the replies....it'd great and appreciated more than you guys know (and gals).

I am thinking that this situation has NO happy ending in sight. I have been a contractor in the O&G industry for 15 years and have NEVER heard of this happening to anyone. I was encouraged to go ahead and take this time with my family during this slow time.

I gave my employer 4 months notice and this is what I end up with. God am I going to need some therapy when I get through all of this.

Thanks again everybody...I'll keep those of you who requested to be updated...updated by PM.

V · 09-06-2006, 10:37 PM

Meh, that's what happens in the O&G industry. If you wanted job security you woulda been in a different industry.

octothorp · 09-06-2006, 10:40 PM

Quote:

Originally Posted by CaptainCrunch

You don't have a whole lot of rights if your going through a placement agency, contract or not contract. If they decide they don't need you, and your contract dosen't specify length, or specific term compensation, your done.

If your contract is a temporary services contract and you haven't been long term with the placement agency they can let you go with little or no warning.

I would still consult with a labour lawyer as my advice is worth what you paid for it.

That's pretty much my understanding from my contract/placement agency experience. The only exception is that they would not be allowed to terminate your services and then immediately hire another contractor to do the same job. Definitely talk to a lawyer, but I don't think you've got much recourse here.

Flame On · 09-06-2006, 10:48 PM

Take the legal advice I would. Especially if somehow you can prove they encouraged your leave. That may be a whole other issue in and of itself.