Disagreement help

[Greasemonkey]

I have a buddy who recently got laid off at his place of work now he had been there the longest and made the most hourly never got written up or no verbal warnings nothing but praise however the owner let him go instead of apprentices and other j men that came after him, it’s a federally ran company, Now I told him it doesn’t matter about the good work and ethic or seniority that he did and had it was the owners choice who to let go, but he thinks he has a case for the labour board, I told him to just move on and jack it up to experience, but I guess he is just hurt with all that he gave the company to do this to him over a few dollars, what do you guys think anyone go through this before?

[Dynamic]

If he has been there a long time and was making good wage then he should of been offered a pretty good severance package. Honestly if I were in his shoes I would be negotiating for a fair severance package, take the money, and move on. Loyalty is a two way street and I could not imagine going back to a company like that.

[Greasemonkey]

They gave him two weeks pay

[bezzola]

Same thing happen to me when i was laid off lat JM go and kept apprentices
All come down to the might dollar

[Savage Bacon]

The company is top heavy so he's the one that will save them the most $ in this situation. He wasn't fired so I don't see a severance package. You can bet he's got hurt feelings about this. Unfortunately I don't think he has a case. Unless he's laid off and they hire a new guy. Also on his ROE it will state if they consider him returning or not.

[Outbound]

Originally Posted by Greasemonkey

They gave him two weeks pay

I don't think that's right. I've been with my company for 7 years. I recieved 5 weeks notice in lieu of 5 weeks pay as severence.

As for him being laid off rather than the apprentices, it's likely a cost saving measure. From a buisness perspective, it makes more sense to lay off the guy make $40/hr vs the guys making $25 or $30 per hour who can likely do the same work.

[Savage Bacon]

I think if you're fired you get 1 weeks pay for every year you worked there. If you're "laid off" it's worded that they will take you back if the situation changes and allowes it.

[Outbound]

Termination notice
Employers who end their employee’s employment must give the employee, and ensure they receive, written termination notice.

An employer must give written notice to their employee of at least:

Notice period Length of employment
1 week More than 90 days but less than 2 years
2 week 2 years but less than 4 years
4 week 4 years but less than 6 years
5 week 6 years but less than 8 years
6 week 8 years but less than 10 years
8 week 10 years or more

Termination pay (pay in lieu)
The employer may not wish to have their employee work out a notice period. In this case they may give the employee pay in lieu in the amount the employee would have earned had the employee worked through the required notice period.

https://www.alberta.ca/termination-pay.aspx

[fishtank]

strictly a cost cutting move...

[whiteout]

Originally Posted by Savage Bacon

I think if you're fired you get 1 weeks pay for every year you worked there. If you're "laid off" it's worded that they will take you back if the situation changes and allowes it.

If you’re fired, you don’t get severance. Severance is for when you’re let go without cause.

[Dewey Cox]

Unless he's in the union, or they told him he was fired for being black, I don't think he has a case.
It sucks, but burning bridges won't be beneficial.

[350 mag]

The days of an "employee" being special are long gone...

Your just a number.

They look at who will cost them the least and it's bye bye....

I knew a bunch of guys that got ....... over by Albian Sands when there was cutbacks.....Shell got rid of alot of employees that were close to a "pension" and kept the junior guys.

Just numbers.....remember that!

[buckbrush]

Originally Posted by Dewey Cox

Unless he's in the union, or they told him he was fired for being black, I don't think he has a case.
It sucks, but burning bridges won't be beneficial.

Yep. So long as he was given the proper amount of severance and their decision wasn't openly discrimination then I think he is best to let it be. In a non union business there are many more reasons to consider than just seniority and pay.

[Justfishin73]

Originally Posted by 350 mag

The days of an "employee" being special are long gone...

Your just a number.

They look at who will cost them the least and it's bye bye....

I knew a bunch of guys that got Fu*ked over by Albian Sands when there was cutbacks.....Shell got rid of alot of employees that were close to a "pension" and kept the junior guys.

Just numbers.....remember that!

Couldn't be more right. Look out for yourself, because most employers aren't.

[Scottmisfits]

Originally Posted by Dewey Cox

Unless he's in the union, or they told him he was fired for being black, I don't think he has a case.
It sucks, but burning bridges won't be beneficial.

Even with unions, unless you have a seniority clause written in to your collective agreement, it doesn't exist.

[EZM]

Originally Posted by Outbound

https://www.alberta.ca/termination-pay.aspx

All opinions and expertise aside ............ if you read this post that's all there is to it.

Any company in Alberta can terminate ANY employee without ANY legal recourse if they follow the above statutory severance obligations.

That's all and that's it. We are in Alberta. That's the way it works and that's the law.

[EZM]

Originally Posted by Scottmisfits

Even with unions, unless you have a seniority clause written in to your collective agreement, it doesn't exist.

Seniority clauses are meaningless as they apply to wage progression and selections of disposition only (like job bidding, vacation time selection, prescribed or precipitated layoffs, etc..). Seniority does not apply in the OP's case here and under the conditions I described.

You may be surprised to hear there is zero legislative obligation to any and all companies operating within the confines, and meeting their legal legislative obligations.

The only exception to this is if there are specific, and personal, employment and severance obligations (employment contracts directly between, or on behalf of the specific employee and the specific operating company).

I don't know one single company who has ever granted that (a personal employment contract) to their unionized employees here in Alberta. It's a unicorn.

The entire purpose of a union is to bargain collectively, and not encourage individual contracts - so even the unions won't allow these.

All labor laws (provincial and federal) take precedence, without exception, for employment standards.

The unions recourse is based on what they are willing to do (strike) or otherwise.

I have lots of experience directly in this area dealing precisely with this issue.

[270person]

Originally Posted by whiteout

If you’re fired, you don’t get severance. Severance is for when you’re let go without cause.

Pretty sure thats not true. The list given above is what any employee with that tenure time has to be given for notice or pay in lieu. As I understand the Alberta rules anyways.

[whiteout]

Originally Posted by 270person

Pretty sure thats not true. The list given above is what any employee with that tenure time has to be given for notice or pay in lieu. As I understand the Alberta rules anyways.

If you’re terminated with cause (fired), you don’t severance. If you’re let go without cause (laid off), you get notice or pay in lieu.

[Greasemonkey]

It’s funny he said to me in my 22 years wrenching I’ve never burnt one bridge but when that arrogant ..... went to shake my hand and said if things ever pick up I’ll hire you back he told him he could suck his d... he said something just felt right about it lol

[270person]

Originally Posted by whiteout

If you’re terminated with cause (fired), you don’t severance. If you’re let go without cause (laid off), you get notice or pay in lieu.

That's not exactly what you said your first go. Short story is an employer doesn't have to have or state a cause for ending employment. It's their show. If you're let go you're entitled to severance as long as you have over 90 days in. You/They may choose if given notice that you work for that period of notice.

[roughneckin]

Originally Posted by Greasemonkey

It’s funny he said to me in my 22 years wrenching I’ve never burnt one bridge but when that arrogant ..... went to shake my hand and said if things ever pick up I’ll hire you back he told him he could suck his d... he said something just felt right about it lol

Like Outbound quoted your friend deserves 8 weeks of severance. I’d request it directly from the employer first then move it to labour if required. No one will think he’s a bad person if all he’s going after is his fair share.

[Dewey Cox]

unless he's already told them to suck his d...

[cody j]

Originally Posted by Dewey Cox

unless he's already told them to suck his d...

Sometimes some people need to be told

[buckbrush]

Originally Posted by roughneckin

Like Outbound quoted your friend deserves 8 weeks of severance. I’d request it directly from the employer first then move it to labour if required. No one will think he’s a bad person if all he’s going after is his fair share.

Where does it say how long his friend worked for this company?

[bobwayzie]

Does severance pay work with trades people? I've never beard of severance pay in the trades if you work in the field.

[LangdonFan]

Have him talk to a labor lawyer for advice, that offer is an insult. You would be surprised where some push back can get you, I know someone who had the exact same thing happen and he did much better.

[Scottmisfits]

Originally Posted by bobwayzie

Does severance pay work with trades people? I've never beard of severance pay in the trades if you work in the field.

Trades are considered seasonal part time. We are not considered for severance in most cases. I'm sure that there are some exceptions but not in your typical construction setting.

[bobwayzie]

Originally Posted by Scottmisfits

Trades are considered seasonal part time. We are not considered for severance in most cases. I'm sure that there are some exceptions but not in your typical construction setting.

That's what I figured, thanks.

[Buckhead]

As far as his employer goes there is something else up here. Cutting the senior man hardly ever saves money.
The senior guys hardly ever make mistakes, the junior guys many. That’s what costs money, rework and mistakes not the hourly pay rate.