Being for fired or let go for enlisting?

[Treemoss]

Thought I would I pose the question here as I couldn't find anything on the forums, and most of google's results were American.  I also couldn't find any legislation or federal laws on the matter Canada-side.


Was wondering if an employer can fire, let you go, reduce hours, or force you to sign a contract to work till a certain date solely on the reason that one is currently in the process of joining the military... despite not actually being part of it yet.

 

[mariomike]

Thought I would I pose the question here as I couldn't find anything on the forums, and most of google's results were American.  I also couldn't find any legislation or federal laws on the matter Canada-side.


Was wondering if an employer can fire, let you go, reduce hours, or force you to sign a contract to work till a certain date solely on the reason that one is currently in the process of joining the military... despite not actually being part of it yet.

This is a Canadian source: "I was fired for seeking another job. How can I get compensation?"
http://www.theglobeandmail.com/report-on-business/careers/career-advice/i-was-fired-for-seeking-another-job-how-can-i-get-compensation/article535859/

You mentioned being employed in NFLD in a previous discussion.

NFLD: Termination of Employment:
http://www.gov.nl.ca/lra/faq/ls_termination.html

Toll Free: 1-877-563-1063

Doesn't seem to matter which employer you applied to.

Is this discussion related to this discussion?  "Advice for tough situation"
http://milnet.ca/forums/threads/114785/post-1306319.html#msg1306319

"I called my boss up and asked what was going on and he said that he found out about me applying to the military and stated "You mess with me, you get the horns, have fun with your future endevor but enjoy your time jobless". This job was listed as one of my references, but luckily I had my crew partners be the people the military should call... since apparently there's policy that states that management can't give out references and blacklist employees who actively look for more work. It should also be noted this place isn't unionized"

 

[RedcapCrusader]

Its none of their business to know if you are applyingto the CAF or looking for any job for that matter and reducing your ability to provide a living for yourself and potentially dependents based solely on the information that you may or may not be sticking around long term is wrongful termination.

 

[Treemoss]

This is a Canadian source: "I was fired for seeking another job. How can I get compensation?"
http://www.theglobeandmail.com/report-on-business/careers/career-advice/i-was-fired-for-seeking-another-job-how-can-i-get-compensation/article535859/

You mentioned being employed in NFLD in a previous discussion.

NFLD: Termination of Employment:
http://www.gov.nl.ca/lra/faq/ls_termination.html

Toll Free: 1-877-563-1063

Doesn't seem to matter which employer you applied to.

Is this discussion related to this discussion?  "Advice for tough situation"
http://milnet.ca/forums/threads/114785/post-1306319.html#msg1306319

"I called my boss up and asked what was going on and he said that he found out about me applying to the military and stated "You mess with me, you get the horns, have fun with your future endevor but enjoy your time jobless". This job was listed as one of my references, but luckily I had my crew partners be the people the military should call... since apparently there's policy that states that management can't give out references and blacklist employees who actively look for more work. It should also be noted this place isn't unionized"

Yes and no... with that job they just made the working climate extremely uncomfortable to the point where I just left to greener pastures(or so I thought). Newfoundland is a weird place to work, and for someone like me who's from OOP it's dangerous.

With this service the intent was they wanted to work Christmas and hired me for it and the winter.. but with the strong possibility of being picked up before then.. worried theyll just cut me loose to find someone else.

From my understanding it's against the law for an employer to dismiss someone because they are applying to the military.


Thanks both for your quick responses

 

[JSoff]

Yes and no... with that job they just made the working climate extremely uncomfortable to the point where I just left to greener pastures(or so I thought). Newfoundland is a weird place to work, and for someone like me who's from OOP it's dangerous.

With this service the intent was they wanted to work Christmas and hired me for it and the winter.. but with the strong possibility of being picked up before then.. worried theyll just cut me loose to find someone else.

From my understanding it's against the law for an employer to dismiss someone because they are applying to the military.


Thanks both for your quick responses

Yes not legal but it didn't stop me from getting fired in February

 

[RedcapCrusader]

Yes not legal but it didn't stop me from getting fired in February

...and the reason why they got away with it is because you just bent over and took it.

 

[JSoff]

...and the reason why they got away with it is because you just bent over and took it.

Get the full story behind it, don't assume. It actually got into a legal dispute and the person that fired me was let go.

 

[sandyson]

I was with the militia for many years. The civilian boss didn't care as long as I was at work on time. When I asked for special time off I twice was allowed to use next year's vacation allocation. If I wanted to go overseas I was told the job would be filled by someone else the week after I left if not sooner.  Management supported 'serving my country' and were even part of the Reserve Council. However the foreman had to deliver the work or he would be replaced. He didn't have much choice and I didn't go. Work was difficult to find and the job had a pension: the militia didn't offer any security nor pension. That was my experience.

 

[mariomike]

I was with the militia  for many years. The civilian boss didn't care as long as I was at work on time.

There's a 20 page "Reservists Job Protection Superthread". 

This case is different because the OP is a civilian applying for the Regular Force.

If not a member of a union, which apparently s/he is not, best bet is to telephone the NFLD Labour Relations Agency. ( If that is the province where the dismissal took place. )

 

[Treemoss]

...and the reason why they got away with it is because you just bent over and took it.

Um, no I didn't take anything. They didn't get away with it either, as I got my job back in the end but left it as said.. due to poor conditions I already detaiiled. This is entirely differently, so I suggest you think before you type accusing me of "bending over". And thank you AlphaBravo for the back up.

There's a 20 page "Reservists Job Protection Superthread". 

This case is different because the OP is a civilian applying for the Regular Force.

If not a member of a union, which apparently s/he is not, best bet is to telephone the NFLD Labour Relations Agency. ( If that is the province where the dismissal took place. )

It's all good, as any information or perspective was helpful. Again, with the job I'm currently at the big worry is them saying they have to let me go or cut my hours in order to find someone who isn't going to leave them.. despite not being accepted by the military yet. I'll definetely be calling the Labour board here and the RC for a further bit of info.

 

[Treemoss]

Just called the oh-so-useless newfoundland labour of newfoundland... apparently I CAN get let go or fire for wanting to join the military. Yup. Straight from the lions mouth. I can be terminated as long as they give me a single weeks notice. I hate newfoundland law so much.

 

[RedcapCrusader]

Um, no I didn't take anything. They didn't get away with it either, as I got my job back in the end but left it as said.. due to poor conditions I already detaiiled. This is entirely differently, so I suggest you think before you type accusing me of "bending over". And thank you AlphaBravo for the back up.

Get the full story behind it, don't assume. It actually got into a legal dispute and the person that fired me was let go.

The proper thing to do was to indicate that action was taken and a solution was found; how was I supposed to know if you don't tell anyone?  :

 

[JSoff]

The proper thing to do was to indicate that action was taken and a solution was found; how was I supposed to know if you don't tell anyone?  :

Haha touche good sir.. They offered me his job but I didn't want to work for a company who I would be willing just to fire someone with no actual probable cause.

 

[jonsey]

Maybe it's just me, but I don't see a reason why you should tell your employer till there's something concrete to tell them. It just seems more risk than reward, unless you have a SOLID relationship with your employer.

Can't say I'd be an expert on the situation, though.

 

[BorisK]

Maybe it's just me, but I don't see a reason why you should tell your employer till there's something concrete to tell them. It just seems more risk than reward, unless you have a SOLID relationship with your employer.

Can't say I'd be an expert on the situation, though.

Good advice if I may say so.  I myself decided that since the application process is not only competitive but complex, the list of things that could go wrong is to big for me to risk saying anything about it around work until I am (hopefully) merit listed and have received a job offer.  For all I know I could find out during my medical in a few days I have some bone condition or I am unfit for the forces in some other way, so the idea of telling my employer (who will in turn cut back my hours and treat me with a dismissive attitude) when I don't even know if I am considered worthy in the eyes of the CF is a misstep in my eyes. 

Best of luck to all applicants. 

 

[JSoff]

Good advice if I may say so.  I myself decided that since the application process is not only competitive but complex, the list of things that could go wrong is to big for me to risk saying anything about it around work until I am (hopefully) merit listed and have received a job offer.  For all I know I could find out during my medical in a few days I have some bone condition or I am unfit for the forces in some other way, so the idea of telling my employer (who will in turn cut back my hours and treat me with a dismissive attitude) when I don't even know if I am considered worthy in the eyes of the CF is a misstep in my eyes. 

Best of luck to all applicants.

In no way should an employer know if someone is joining unless its a highly need to know thing, like Res F members for example. But in TreeMoss' position him and his Co-Worker (Whom is also applied for the Armed Forces) Were having a private discussion which was overheard by a big mouth, who obviously will blab about it.

 

[ModlrMike]

In no way should an employer know if someone is joining unless its a highly need to know thing, like Res F members for example. But in TreeMoss' position him and his Co-Worker (Whom is also applied for the Armed Forces) Were having a private discussion which was overheard by a big mouth, who obviously will blab about it.

Not to blame the victim(s), but shouldn't one keep that conversation outside of work?

 

[MJP]

Just called the oh-so-useless newfoundland labour of newfoundland... apparently I CAN get let go or fire for wanting to join the military. Yup. Straight from the lions mouth. I can be terminated as long as they give me a single weeks notice. I hate newfoundland law so much.

An employer can fire/dismiss you for a variety of reasons, it is their business and as long as they follow the law they are good to go.

It should also be clear that employers have a right to terminate workers. No one is automatically entitled to employment for life. A job may be properly terminated for reasons quite apart from performance.

http://www.duhaime.org/LegalResources/employmentlabourlaw/lawarticle-104/wrongful-dismissal-law-in-canada.aspx

Edited for horrible use of the the wrong there/their.

 

[xo31@711ret]

Not to blame the victim(s), but shouldn't one keep that conversation outside of work?...why Mike? perhaps it was just a conversation with a buddy during coffee/lunch break? "Hey Johnny, guess what? Keep it under yer hat, but I'm applying for the military." As noted earlier, maybe some ass-hat with a big yap went blabbering all over the work place....can think of a few times in Bore-dom  andChatham BMC where myself, you and are other co-horts back in the day had some eventful  conversations and other such discussions...

 

[DnentonSg]

I guess I must have got lucky, my employer was aware I'm currently in the application process before I was even offered the job. I often have discussions with my boss and coworkers very openly about my desires to join the military as well. It's actually quite hard for me to even keep it a secret because I am young and am often asked what I want to ultimately do with my life career wise.