Im having a s*** week hows yours?

Well Monday night I broke my hand in a fight, fractured the bone behind the pinky. (P.S Don't call my Fiance any bad names). And this morning my boss pulls me into the office and says he has to let me go for no apparent reason. So im in a cast that is already modded out for gripping my gun . Im a comin come hell or high water!

Holy shits man,

I'm surprised someone didnt piss in your cornflakes each of those days.

Looking forward to seeing you at the game man. Also, watch out for black cats or whatever for the rest of the week.

Every person has a bullet with their name on it. I remember some famous rocker one time took a bullet and wrote his name on it. Claimed that he beat the system. I think you should do the same. Thats a pretty bad week so far.

my lucks starting to turn I was informed by the foreman that he talked to the boss and he is going to state on my record I got laid off instead of fired.

that helps for EI but still random to get laid off like that. Did you say Fiance? Oh la la someone is going to be running to marrige airsoft gaunlet on Saturday. We make all the married noobs run the gaunlet...s

uh oh.... :s

Ya .... I know shoit weeks. I have them often.

actually Ive been engaged since last june but was scared of telling you guys in case you did the same thing as the sca and apparently I was right. What pray tell is the airsoft gauntlet?

Perfect wookie I totally forgot!

What does the SCA do?

dammit now theres three of us runnning the gauntlet


well, lets make it four. Nolan's engaged as well.

When I was in clinton a couple who got engaged both had to run a gauntlet. Pretty much, everyone has 2 turns fighting you and with upwards of 20 people to a group. Not fun

I'll just shake your hand...

Jensenman wrote:

my lucks starting to turn I was informed by the foreman that he talked to the boss and he is going to state on my record I got laid off instead of fired.

You could collect EI either way, but firing "Without Just Cause" would land you with severance pay; hense the foreman getting it changed to laid off.

Ah....ya people up here will throw you under the bus in a second flat

Working in the oilpatch around FSJ? I have a friend who worked with a few different rigs/companies before he found one with a decent crew.

EI should pay either way, but "laid off" looks better on a resume than "terminated without cause".

Aedomon wrote:

Jensenman wrote:

my lucks starting to turn I was informed by the foreman that he talked to the boss and he is going to state on my record I got laid off instead of fired.

You could collect EI either way, but firing "Without Just Cause" would land you with severance pay; hense the foreman getting it changed to laid off.

Its generally a matter of money to the employer...they dont give a damn what your resume looks like, they can always say down the road there was reason you dont want to admit to. Severance pay adds up fast.

twsmith wrote:

EI should pay either way, but "laid off" looks better on a resume than "terminated without cause".

Aedomon wrote:

Jensenman wrote:

my lucks starting to turn I was informed by the foreman that he talked to the boss and he is going to state on my record I got laid off instead of fired.

You could collect EI either way, but firing "Without Just Cause" would land you with severance pay; hense the foreman getting it changed to laid off.

I realize the employer terminating him doesn't care what goes on his resume, but prospective future employers may be curious as to why he was terminated. Aren't employers required to give you 2 weeks notice, or did the Liberals gut that from the labour code as well?

Aedomon wrote:

Its generally a matter of money to the employer...they dont give a damn what your resume looks like, they can always say down the road there was reason you dont want to admit to. Severance pay adds up fast.

twsmith wrote:

EI should pay either way, but "laid off" looks better on a resume than "terminated without cause".

Aedomon wrote:

Jensenman wrote:

my lucks starting to turn I was informed by the foreman that he talked to the boss and he is going to state on my record I got laid off instead of fired.

You could collect EI either way, but firing "Without Just Cause" would land you with severance pay; hense the foreman getting it changed to laid off.

Ah, found it at:

http://www.bclaws.ca/Recon/document/freeside/--%20E%20--/Employment%20Standards%20Act%20%20RSBC%201996%20%20c.%20113/00_96113_01.xml#part8

Liability resulting from length of service
63 (1) After 3 consecutive months of employment, the employer becomes liable to pay an employee an amount equal to one week's wages as compensation for length of service.

(2) The employer's liability for compensation for length of service increases as follows:

(a) after 12 consecutive months of employment, to an amount equal to 2 weeks' wages;

(b) after 3 consecutive years of employment, to an amount equal to 3 weeks' wages plus one additional week's wages for each additional year of employment, to a maximum of 8 weeks' wages.

(3) The liability is deemed to be discharged if the employee

(a) is given written notice of termination as follows:

(i) one week's notice after 3 consecutive months of employment;

(ii) 2 weeks' notice after 12 consecutive months of employment;

(iii) 3 weeks' notice after 3 consecutive years of employment, plus one additional week for each additional year of employment, to a maximum of 8 weeks' notice;

(b) is given a combination of written notice under subsection (3) (a) and money equivalent to the amount the employer is liable to pay, or

(c) terminates the employment, retires from employment, or is dismissed for just cause.

(4) The amount the employer is liable to pay becomes payable on termination of the employment and is calculated by

(a) totalling all the employee's weekly wages, at the regular wage, during the last 8 weeks in which the employee worked normal or average hours of work,

(b) dividing the total by 8, and

(c) multiplying the result by the number of weeks' wages the employer is liable to pay.

(5) For the purpose of determining the termination date under this section, the employment of an employee who is laid off for more than a temporary layoff is deemed to have been terminated at the beginning of the layoff.

the day after I was grabbing my stuff and he asked where I was going. I said well you fired me right? He said yeah, I did but you have to be here for another two weeks.

Convenient how his tune changes when he might have to pay severance. Sounds like your foreman must be the brains of the outfit if he suggested the guy lay you off rather than fire you. Personally I'd be tempted to tell the guy to go fuck himself, take the termination and demand severance.

Jensenman wrote:

the day after I was grabbing my stuff and he asked where I was going. I said well you fired me right? He said yeah, I did but you have to be here for another two weeks.

I agree, Wayne, but unfortunately it all rides on the ROE. Going through the labour board is a fairly drawn out process, and the ruling generally goes to the ROE statement unless sufficient evidence can be given than the employee was indeed terminated without just cause. Thats where union reps come in; if you are lucky/cursed enough to be in a union.

Either way, it can all be disputed through the labour board. Jensen, I'd advise giving Labour Relations a shout and see what they have to say on the matter. More than likely they will tell you to take the two weeks and find a new job, but you never know. If there have been previous complaints against the employer than you might end up getting more money than those two weeks: without having to set foot on the property again.


And from the employer side of things, "Just Cause is your best friend." They fight it and take you to court, they lose and you get to counter-sue for defamation of character...theres another employee's wage covered for a month or two.

I fail to see how there could be a defamation lawsuit there? If you have a dispute with an employer it is between the employee and the employer (and perhaps a Union and labour relations), so where is the defamation? If he ran screaming to the media or to customers of that company and claimed the employer was a crook, or was racist or something like that where it could cost the employer some business then there'd be grounds for a defamation suit on the grounds of libel or slander. But accusing someone of firing you without cause is hardly grounds for a defamation lawsuit. If you are a black person and you claimed you were fired because the employer hates black people and you went to the media with your story and it was proven untrue then you may have a problem.

Aedomon wrote:

I agree, Wayne, but unfortunately it all rides on the ROE. Going through the labour board is a fairly drawn out process, and the ruling generally goes to the ROE statement unless sufficient evidence can be given than the employee was indeed terminated without just cause. Thats where union reps come in; if you are lucky/cursed enough to be in a union.

Either way, it can all be disputed through the labour board. Jensen, I'd advise giving Labour Relations a shout and see what they have to say on the matter. More than likely they will tell you to take the two weeks and find a new job, but you never know. If there have been previous complaints against the employer than you might end up getting more money than those two weeks: without having to set foot on the property again.


And from the employer side of things, "Just Cause is your best friend." They fight it and take you to court, they lose and you get to counter-sue for defamation of character...theres another employee's wage covered for a month or two.

If you file with the labour board saying you were fired without just cause, and the employer can prove elsewise, and that you knew the reasons, it classifies as both defamation and fraud...resulting often in civil and criminal charges.

I see what you're saying. You're talking a fraudulent claim. It would be pretty hard to prove that unless you have impartial witnesses (ie. not employed by or doing business with the company) or it was recorded. "He said, she said" will not stand up in court. Although I guess a history of fraudulent claims by the employee or of legitimate claims against the employer could sway the judgement either way.

Aedomon wrote:

If you file with the labour board saying you were fired without just cause, and the employer can prove elsewise, and that you knew the reasons, it classifies as both defamation and fraud...resulting often in civil and criminal charges.

Don't feel too bad. A few weeks ago, I scraped a layer of paint off one of our armoured trucks against a lightpost. :p