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Some general info regarding getting sacked....
The link Radioman provided above is correct however it isn't the only thing to consider.
Employment Standards Act of BC sets out the minimum notice or severance in lieu of notice that an employer must provide. However, common law, which is law developed the courts as in previous judgements, has established that employees are entitled to "reasonable notice" of termination, which can be much more than what is required by statute. Reasonableness depends on several factors including the character and length of employment, the employee's age, gender, experience, training and qualifications, and the availability of similar employment.
In your case, it doesn’t sound like you are close to retirement, have acquired post-secondary educations nor are you working in a specialized field that would make it hard for you to find another position. Meaning if you were a 60 year old man with a double PhD and a job where there was only five positions in the entire country you would be owed more severance or working notice than a 20-something, high school graduate working in a warehouse.
For future reference, in my opinion you have an advantage if you have signed a written contract with your employer as the details in the contract will determine how much notice you will be given if you are let go in the future. Of course a contract cannot offer what is less than ESA.
My only question to you is are they asking you to sign a release? If so they cannot require you to sign the release if they are just providing you with the notice or severance pay required by the ESA. The severance they are offering would have to be in excess of the ESA.
In regards to you question about EI, you can still collect EI if you were fired. Your employer is going to complete your ROE saying you were dismissed. A Service Canada employee is going to call your former employer and ask why you were dismissed. As there was no just cause, ie, they are paying you to go away not just walking you out the door because you did something wrong, Service Canada will allow your EI claim.
Your last post is the most interesting to me and will make me earn my user name…You really think that your employer wasn’t away that you “didn’t really enjoy” your job?
My favorite quote when deciding to hire or fire “I can train for the skill but not the attitude” Meaning I will take someone with a good attitude and less experience over someone with the right education and experience and a “bad” attitude, within reason.
I don’t know why some on this board get all horny for “are you unionized?” Dude wouldn’t be asking the questions that he is if he is unionized.
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