Termination can come as a shock to employees who believe they have served their employer proudly for years. In the current recession, many workers are being laid off or fired, some with warning, and others with little notice. Corporate has continually surprised many and the recently fired should know their rights.
Notice. The Employment Standards Act (ESA) of 2000 mandates that employers give notice to employees of their impending termination. The amount of termination pay depends on the length of employment and how many employees have been terminated in that 4-week period. In some cases, written notice will suffice. In other cases, either pay without notice or pay and written notice is required. During the time period between notice is given and the employee is actually no longer there, the employer is required to not alter their salary and continue to contribute to any benefits package the employee holds.
Bankruptcy. Non-union employees out of a job because their employers filed for bankruptcy do have recourse. Under the new Wage Earner Protection Program (WEPP), disenfranchised workers can file a claim for the wages their employer owes them. The worker is required to file a claim within 56 days of the date of the bankruptcy/receivership and it had to have taken place after July 7, 2008. Union workers should get in contact with their union representatives for assistance. Call 1-800-683-6516 to contact the Wage Earner Protection Program Call Center.
Discussing your options with a lawyer is always a wise choice. Canadian lawyer has experience dealing with employment labour laws in Canada and can discuss with you your options and rights.
The Federal law regarding monies bankrupt companies owe their employees is the Bankruptcy and Insolvency Act and regards these employees as creditors. Non-union workers are encouraged to contact the Ontario Ministry of Labour with the names of the company Trustee/Receiver(s). The ministry will assist ex-employees in preparing the appropriate forms for submittal to the Trustee/Receiver. Call 1-800-622-6232 for more information on the Bankruptcy and Insolvency Act.
Recall Rights. The Ministry of Labour defines recall rights as the “right of an employee on a layoff to be called back to work by his or her employer under a term or condition of employment. This right is commonly found in a collective agreement.” If the employee has been laid off for 35 weeks or entitled to termination pay, they must choose between keeping their recall rights and termination pay.
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