Hi guys,

This ones a bit confusing, so bare with me. OK, here's the situation, I had a job that required lifting. And what was happening, was my back was getting ruined to a point where I could barely lift anymore. So, I gave my employer the heads up that, in exact words, "im not sure how much longer im going to be able to stick around for, my back is starting to go". So, they asked me if id found a new job, and I said I didn't. Then he said, well how about if we give it a month. So, I said, then what, your going to lay me off. He says yes.

So, a month comes up, I haven't found a new job, and he hasn't found a new employer either. He asks me to work for 2 more weeks. I agree. Then he finds a new worker, and says that I'm laid off, and gives me my release forms. There is one paycheck worth of severence pay on the forms too. I go to file for unemployment insurance, and they didn't write down on the forms that I was laid off, they put down that I was dismissed. They didn't give me any warnings, or letters of termination or anything.

The question I'm wondering is, if a worker, says to his employer, I'm having back problems, I'm not sure if I can stick around for too long, would this make it perfectly legal to drop the axe on me, or, would he still be required to fire me following certain policies, as far as giving me warning letters and stuff. In other words, is there anything that I can do legally, or even to get my record changed, because I was never informed that I was being dismissed. They at no point explained this to me? Thanks for any advice and opinions.

Hello villian:

I'm not sure what "record" you're talking about. It's not like there's a central database of employment "records" that can be accessed by future employers. So, there's NO record there to change.

If you're talking about what he said to the employment people, that's not a "record", as in it's available for people to see. It's a report designed to SAVE the company money, and screw you out of it.

If they're denying your claim for un-employment insurance BECAUSE of what he said, you should fight it. I'm sure they told you how. If not, go find out how and do it.

Forget about such words as: back problems, heads up, lay off, notice, severance pay, release forms... They mean NOTHING in terms of whether you'll GET unemployment or not. And, believe me, they'll just confuse the situation.

It's as simple as whether they FIRED you for CAUSE. Or they didn't. It's one way or the other. Clearly, they didn't, because you weren't EVEN fired. You should be able to prove your case rather easily, because what you're trying to prove actually happened, as opposed to their version.

excon

PS> Here's a "heads up". Un-employment compensation, is INSURANCE compensation. YOU and your employer both pay the premiums for the policy. It's just like car insurance. And, you're ENTITLED to it just like you would be if your car was smashed up through no fault of your own. Un-employment compensation is NOT welfare - not even close.

Hello excon,

Thank you for all the advice, it is definitely helpful. I did talk to one of the unemployment people today about the issue, and realized I definitely had the wrong idea. I thought that when you give your social insurance number to companies at the beginning of your employment, that they are able to see your previous work history, and that if you are fired or whatever, the companies that hire you in the future will see this. She basically explained to me that even if this was the case, being dismissed could just as easily be fliped to, I quit on them, as it is not the same as termination.

In regards to my case in particular, what has happened is, the ui office says that if I am able to get a doctors note saying that I am not someone suitable to lift at my workplace, they are going to approve my claim, and compensate me for the time I was out of work. The only unfortunate thing is, its been like 7 weeks since I worked at that job where there was a physical element involved, so my back has gotten a lot of rest since then. Well see!

villain25