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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101418
Experience:  Lawyer
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I was let go from my last employer after the company found

Customer Question

Hi, my name is***** was let go from my last employer after the company found itself in multi-million debts because they failed to get the contracts they hoped for. I, my program manager and a couple of engineers were dismissed. My ROE indicates that the reason for my dismissal is "Termination". On the other hand, the CEO of my last employer confessed that he considered me as one of the most talented specialist in the company and would not mind to rehire me in the future if the financial situation changes.
Should I indicate in my new job applications that I was "Terminated" or "Laid off" from my last employer? Thank you.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

When you were dismissed did they tell you you were being dismissed for cause? Did they give you any termination pay?

Customer: replied 1 year ago.
I they gave a termination pay, one week's salary for each full year (five) plus the unused vacation pay.
I did have some disagreements with my program manager (who was also dismissed, as I mentioned) related to project design and development. As a result, the formal performance review created by the project manager contained some notes on my performance. And my letter of termination contains the following statement: "As a result of our concerns about your performance issues, without prejudice, and without admission of liability, we will provide you with five week's pay under the 'notice of termination period' as described in the Termination Agreement..."
Expert:  Debra replied 1 year ago.

Unfortunately it sounds like they would tell anyone who asked for a reference that you were dismissed were just cause.

There's really nothing you can do about that except make sure that you explain to any potential employer that you did receive termination pay, that really the termination was not for cause but there is some blood bad blood now and they may say that it was.

The fact that you were provided termination pay is a sign that they did not dismiss you for just cause. I would put it that way.

You cannot get your record of employment altered but no potential elployer can see that anyway.

Expert:  Debra replied 1 year ago.

Does that help?

Customer: replied 1 year ago.
as I understand, I can state that I was laid off, which is practically the same as terminated without cause.
Thank you.
Expert:  Debra replied 1 year ago.

Laid off is not the correct work. From a legal perspective it means dismissed though possibly temporarily.

You should really say you were dismissed for restructuring reasons or some other reason but not for cause.