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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101375
Experience:  Lawyer
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I was given a letter of termination last Friday without notice.

Customer Question

I was given a letter of termination last Friday without notice. The employer said they don't
Need to provide notice because I am under probation of 6 months ( it has been 5 months after 2 weeks). However, the period of probation is 3 months on the standard of employment on ministry of labour of BC.
Secondly, the employer refused to tell me the reasons why I was terminated. But clear to me it's not about my work attitude and skills. (I received good performance review just right after 3 months). On the letter of termination, it only mentioned "not suitable for the position". On ROE, it shows "dismissal in probation". I did not make any misconduct or violation at work. But employer said they have right not tell me the reasons because I am still in probation period.
Would you please give advices? How should I proceed to stand for my rights?
Thank you!
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
The employer is not correct and you are about the notice requirement as you are entitled to one week's notice or pay in lieu after working there for more than three months. But you are not correct about being entitled to a reason. No one is entitled to a reason if the employer doesn't want to provide it no matter how long an employee works for the employer. I suggest you contact the Employment Standards Branch who will help you get your week's pay for free. I am sorry this happened to you.
Customer: replied 2 years ago.
Thanks for the reply! I am sorry for not being able to react to your reply sooner. Because I experienced the technical problem when accessing the line yesterday, the problem still not solved by technician from the customer service till now I found another computer. I have 2 questions related to the questions. I hope to get your advices.Firstly, on the job contract it seemed to indicate that employer can terminate employee immediately without notice during probation period which they define as 6 months. Can the contract override standards of employment (probation period is 3 months) by Ministry of labour?Secondly, the Record of Employment issued by the employer indicates the reason of termination is "Dismissal during probation". I checked the Employment Insurance regulations. The dismissal is defined as "misconduct or violation". With the reason of "dismissal", I am not able to apply for EI. So how can I guard my rights if the employer refuse to tell me the reasons of termination and give me the "dismissal" on ROE.Thank you!Renee
Expert:  Debra replied 2 years ago.
The contract cannot override the Act. You will have to prove to EI that you were not dismissed through any fault of your own but that the employer does not understand the law.