Re.Employment status

Subject: Re.Employment status
From: Kelly Cochrane <kelco -at- MYNA -dot- COM>
Date: Tue, 5 May 1998 20:42:07 -0400

Without beating this thing to death, I would strongly suggest discussing this situation with a labour lawyer before you sign anything!. Hillary Russak suggests that employment is usually on an "at will" basis, and by pointing this out, seems to suggest that your company is within their rights. This may be true, but dismissal without cause usually has very different implications than dismissal with cause.

It sounds to me like this company is trying to move to contract workers so as to avoid all of the "incidental" costs of full-time employees. In order to do this, it must first get rid of the full-timers. This is an expensive proposition which your employer seems to be trying to circumvent. In Ontario, dismissal without cause requires that the employer provide a severance package, the size of which would be dependent on the length of service and the circumstances surrounding the termination (a minimum of two weeks per year of service, and commonly a month per year). If you are being dismissed to make way for contract workers, then you are entitled to the package.

Your company seems to be depending on your ignorance of the law in order to avoid some pretty significant expense. I would consult someone who is informed about these laws in your state/province.

Kelly Cochrane
Kelco -at- myna -dot- com

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