I just got fired... was it legal?

[Jagger]

Originally Posted by flip

i am guessing that because of the 3 hours argument they want to let you go because now you sound like a trouble maker and don't want you going to the labour board after your 3 months when you have some backup.

That was my take as well. It's extremely likely that the warning bells went off in the boss's head when that came up. After the three month probationary period an employee does have more clout. He was probably worried about the possible hassle you could cause.

I'd move on. Take the three hours pay. I'm not sure that you would have any case here.

[fredr123]

Unless you're part of a union, you won't be making any kind of complaint to the Alberta Labour Board. Such a thing doesn't really exist anyway (Alberta Labour Relations Board does exist). If you are not part of a union then the Employment Standards Code governs.

It sets out the minimum standards that all must abide by. You cannot contract out of these provisions but you can contract for something better (e.g., more than minimum wage, obviously). There are exceptions galore to the minimum standards in the Code. Articling students are not entitled to overtime

There seems to be some merit to your argument that you are entitled to three hours pay just for showing up. You not following of policy may play in your former employer's favour. If it's true that you were not made aware of the policy at all then things might get a bit sticky. They're willing to pay you for that time so no worries.

Insofar as grounds for letting you go, troutman is correct, in my opinion, that your employer needs not provide you with any notice within the first three months of your employment. An employer can let you go for just about any reason during that time.

For greater certainty, contact Employment Standards directly: Call the province-wide Employment Standards number toll-free by dialing 310-0000, then dialing (780) 427-3731.

... and let us know what they say.

[Temporary_User]

A few years ago I work for a company and they asked for volunteers willing to come in and work a half day on a saturday.
5 guys volunteered, including myself and a friend of mine.
I received rides from my friend to and from work back then.
My friend let my boss know that he (we) wouldnt be able to make it in at 6am which was the typical start time, and that we would be in at 7 instead. The boss agreed.
The next day we both showed up at 7, and all of the time cards except the 3 already working were removed from their typical spot. I then went up to the boss' office to sign in.
The boss informed me, that they werent in need of our work today as the other 3 had already had the load handled. He apologized to me, as he knew it wasnt my reasoning as to why we showed up @ 7.
My friend and I were quite upset about this, as we both gave up a good friday night inorder to make it to work the next day.
My friend and I thought about enquiring about the 3 hrs pay, but decided it was best to simply write it off and just forget about it.

I see your point in asking for the 3 hrs, but sometimes it's best to evaluate things, and pick your battles wisely.
From my understanding of the law the boss could let you go anytime he feels within the 3 month period.
You might have a case for the 3 hrs pay, but imo it wouldnt be worth the hassle. I'm sure it would take more than 3 hrs out of your day fighting to get it.

BTW you have officially scared me as I was thinking about getting a job as a ground crew man.
although I see how this situation could have been avoided, care to PM me which course you were working at?

[GreenTeaFrapp]

Here's what you do.

You're going to need the following things for this plan.

A dozen jelly filled donuts.
A needle and syringe.
A bottle of hot sauce (see the How spicy can you eat? thread for recommendations).

Fill the syringe with hot sauce.

Inject the donuts with the hot sauce.

Take the donuts to the former boss. Tell him that you're sorry for the way things ended, you were just taking some bad advice from a wannabe lawyer friend, you hope he can give you a recommendation in the future and he can consider the donuts a peace offering.

Walk away and listen for the screams afterwards.

When you hear the scream, RUN!

[enthused]

When I worked Turf Care, any day that we showed up for work but were sent home because of the rain, we were automatically paid for three hours. We never had to ask about it, it just happened. And you should definitely inquire about this "employee manual". I had to read and sign one, it seems strange that they never made you do the same.

Anyways, what a bum situation, hopefully everything works out for you!

[Juventus3]

I'm with Fotze. What course?

[NSFL]

Original post edited because I am confused.

[jayswin]

[quote=flip;907487]
yes. under any circumstances. if its the first three months, they don't have to give you notice, nor an explanation (this one is always my fav when firing people). they can essentially be like get the **** out you're fired and you have to leave right then and there no questions asked.
quote]



No offense, but you sound like the type of boss that should be avoided. Whenever someone has a "favorite" way of firing people, they just sound like someone I would avoid. Although you could be a great boss, and it may just be the "lost in translation" problem that often happens on messege boards, that made your post sound bad.

[kipperfan]

Originally Posted by NSFL

Are you asking about CALM? It stands for career and life management. I think it was started up little while back to teach life skills in high school.

It would make more sense if he meant what golf course wouldnt it?

[Juventus3]

Originally Posted by NSFL

Are you asking about CALM? It stands for career and life management. I think it was started up little while back to teach life skills in high school.

I know. I didn't hand in a single assignment and got an 85 in the course five years ago. It was a real doozy.

I meant which golf course...

[NSFL]

Originally Posted by kipperfan

It would make more sense if he meant what golf course wouldnt it?

Hmmm, maybe. I've gone through so many threads, I've actually kinda lost track of what job this originally was. But in my defence, I read the original what course right after someone mentioned CALM. Will go back and edit.

[Vulcan]

[quote=flameswin;907518]

Originally Posted by flip

yes. under any circumstances. if its the first three months, they don't have to give you notice, nor an explanation (this one is always my fav when firing people). they can essentially be like get the **** out you're fired and you have to leave right then and there no questions asked.
quote]



No offense, but you sound like the type of boss that should be avoided. Whenever someone has a "favorite" way of firing people, they just sound like someone I would avoid. Although you could be a great boss, and it may just be the "lost in translation" problem that often happens on messege boards, that made your post sound bad.

Along with the fact that he labels a worker a 'trouble maker' for asking for his rights.

[Flames in 07]

Originally Posted by flip

as a boss (and im 22) i can relate to both sides in this one. because im not far removed from being not the boss.

from what i know:
should you get three hours pay?

as far as the three hours goes you're screwed. if you didn't work at all then you don't get paid. if you clocked in for even a minute you have an argument but just because you showed up is not their fault. its just a lack of communication. it would have been your responsibility upon getting hired to ask them how it works if you show up and then get sent home. sorry but i support them on this one. sorry you had to show up but you didn't actually do any work, and you knew the deal when you started: if its raining you don't work, if you don't work you don't get paid.

can they fire you?

yes. under any circumstances. if its the first three months, they don't have to give you notice, nor an explanation (this one is always my fav when firing people). they can essentially be like get the **** out you're fired and you have to leave right then and there no questions asked.

if its after 3 months they can fire you for ANY reason. the only difference is that if they have documented cause then you get no sevrance (sp?) pay.

if they have no cause to fire you (which in this case they don't, although i am to beieve you were in your 3 months) then all they have to give you is two weeks pay. so if you don't work very much you are screwed.

i am guessing that because of the 3 hours argument they want to let you go because now you sound like a trouble maker and don't want you going to the labour board after your 3 months when you have some backup.

I lost count of how many points in your speach that you proove that you are someone who became a manager a few years to early.

Maybe one day you can be fired by someone's favorite way.

[Juventus3]

Originally Posted by flip

as a boss (and im 22) i can relate to both sides in this one. because im not far removed from being not the boss.

from what i know:
should you get three hours pay?

as far as the three hours goes you're screwed. if you didn't work at all then you don't get paid. if you clocked in for even a minute you have an argument but just because you showed up is not their fault. its just a lack of communication. it would have been your responsibility upon getting hired to ask them how it works if you show up and then get sent home. sorry but i support them on this one. sorry you had to show up but you didn't actually do any work, and you knew the deal when you started: if its raining you don't work, if you don't work you don't get paid.

can they fire you?

yes. under any circumstances. if its the first three months, they don't have to give you notice, nor an explanation (this one is always my fav when firing people). they can essentially be like get the **** out you're fired and you have to leave right then and there no questions asked.

if its after 3 months they can fire you for ANY reason. the only difference is that if they have documented cause then you get no sevrance (sp?) pay.

if they have no cause to fire you (which in this case they don't, although i am to beieve you were in your 3 months) then all they have to give you is two weeks pay. so if you don't work very much you are screwed.

i am guessing that because of the 3 hours argument they want to let you go because now you sound like a trouble maker and don't want you going to the labour board after your 3 months when you have some backup.

Let me work for you for 3 months...

[Berger_4_]

Originally Posted by Chobyhy

Hmm I was learning about this topic in CALM course in my high school last week and I never thought I'd see a day when those CALM courses would be useful.

God is that ever an awful course. Glad i finished it up last year.

[peter12]

Haha, this thread has a lot of highschoolers in it.

Seriously, you're much better off being finished with this job. Your manager sounded like a dick and you don't want to put up with that anymore than you have to. There's tons of work in this city, get something else and move on.

[cal_guy]

Originally Posted by flip

yes. under any circumstances. if its the first three months, they don't have to give you notice, nor an explanation (this one is always my fav when firing people). they can essentially be like get the **** out you're fired and you have to leave right then and there no questions asked.

I'm sure your employees won't be to happy when they use the same explanation to quit 5 minutes before their shift was supposed to start.

But in regards to the OP no there isn't anything that you can really do about this, however since your former boss fired you on wednesday they should have paid you by saturday(3 days) so if you still haven't gotten your pay (including any vacation pay) yet start bitching to your former boss (preferably in-person if you want to annoy him).

[Phanuthier]

Originally Posted by Bring_Back_Shantz

But I'd say that he might as well go ahead and put in a complaint just to make a hastle for the guy who fired him.

That's the only way its worth doing

It sounds like a min wage job, and I doubt the labour board will care about your wrongful firing. I remember when I worked for the Stampede, they pulled alot of against the labour board (ie. denying me a break for 8-hr shifts) and I tried calling once, and they really didn't care.

[Torture]

ok...so taking what i learned from my HR class...

yes, you are right about the paid 3 hours minimum

you can probably prove that you were fired without cause, but since you're in your first 3 months you won't get anything from showing that because they don't need cause to fire you (If it had been after 3 months you'd be able to get severence cause they didn't have cause for firing you)

Basically to sum it up for anybody who's wondering
In a non-union environment anybody can be fired without cause, but that means you get severence. If you're fired with cause you get nothing.

[Cowboy89]

Originally Posted by Flames in 07

I lost count of how many points in your speach that you proove that you are someone who became a manager a few years to early.

Maybe one day you can be fired by someone's favorite way.

In flip's defense, I can see an employer in the landscaping or golf course maintaince industry wanting to fire employees within the first three months. Landscaping especially can get some useless and otherwise unemployable people starting off. Reason being that the qualifications are only being able-bodied in most cases. Some of them are terrible employees and you want to get rid of them before they have any sort of entitlement to anything.

Flip just sounds like someone who wants to sift out the crap. As a boss there's nothing worse than unloyal useless employees who just want to find loopholes and excuses to be lazy. With regards to the 'trouble-maker' comment, sometimes the squeaky wheel people are also the types that pay attention to how many sick days they have and intentionally take all of them regardless of being sick or not. These aren't team players and if you have a chance to fire them before they become entrenched then fair game.

Back when I was a student and worked in a grocery store I couldn't believe at the amount of lifers there whose goal was to screw-over the employer by shirking or trying to bilk management into doing something to inadvertantly to activate some weird hidden clause burried deep within the collective bargaining agreement that somehow ended up either paying them more for a shift or getting time off. Unions are really counter productive.

In response to the original poster: If everything in your employment went down exactly as you make it sound (Ie hardworking employee, concerned about not missing work, caught in a grey area situation, etc. then it seems like the guy is being a jerk. Not illegal however if you were in your first three months).