Server management training

[Guideme]

I was working in Canmore Alberta, but looking for a career boost in either Media or Hospitality ..I had 2 job interviews, one in Manitoba and one in BC. I was offer both jobs ...I decided to go with the hospitality management training program job position in bc. I moved all my belonging into storage and paid a moving company 1700.00 dollars. I was promised a minimum of 25 hours a week to start and I had the director check twice with the food and bev manager before I a greed or gave my notice in Alberta. However I choose the position mostly because the director said they had a manager training program and he was only interested in people who were interested and cared about the hospitality industry and would want to educated themselves in their programs.

When I got to BC I went through 2 days of training and my hours barly exceeded 30 hours per every 2 weeks. No meetings took place about the management traing programs with the director and a matter of fact he decided to part ways with the company and said the company problem won't continue with all he set up in programs...Plus the company had a groupon marketing promotion on and when it ended I was informed by a rude and bully like employee who said ..guess you won't be working anymore there are no shifts for you. I informed the manager /director and he said... Don't continue your move I don't think you will make it through the probation period. I was not fired ..they kept me on because others were taking holidays ..the cost of the move , turning down a federal job and the stress has cost me dearly..do I have a case?

 

[KatDini]

We don't know. This site deals with US law, not Canadian law.

 

[Michael Wechsler]

I'm an attorney licensed in the U.S. so what I'm saying may not apply. The law is usually quite similar in many respects but, with regard to employment law, there may be differences. My brief review shows that Canada is generally not a "right to work" country and I'm guessing the provinces are the same. As such, you may be an "at will" employee. Without an employment contract, a company may terminate your employment with or without a reason. If that is the case, you're probably the unfortunate victim of fate.

Your case also seems complicated. I hear the use of the words "probation period" which means it's an offer to potentially have an offer of a job - no guarantee of employment. If they have decided to discontinue the program, you've got another challenge - they may not actually have the position for which they wanted you to work available any more.

Personally, I love Vancouver and an opportunity to work there would have me leaving to go there myself. While I think Manitoba is great too and the Jets are always sold out in Winnipeg and winning, they are both great places to live and work. Life sometimes has bumpy roads. You may wish to speak to an employment attorney in Canada about this - and you should given how important it is. But I'm not confident that it will end up being worth the time and money. What are your "damages" - not taking the other job? There are no guarantees and the ultimate amount of damages will probably be, at most, not very large. Best of luck to you.

 

[Betty3]

Actually, at-will is not a concept that applies in Canadian employment law.

http://www.cwilson.com/resource/new...s-between-canadian-and-us-employment-law.html

 

[Michael Wechsler]

Actually, at-will is not a concept that applies in Canadian employment law.
http://www.cwilson.com/resource/new...s-between-canadian-and-us-employment-law.html

Thanks for the article. It is informative but I respectfully disagree with the article from the perspective of plain language. In general, "at will" refers to the fact that no cause is needed to terminate the employment relationship, not the reasonable notice limitation. It's similar to a month to month lease. There may be some reasonable notice requirement but severing the relationship is completely at the will of the land owner (or employer as is the case here/)

 

[Betty3]

It's not technically considered at-will in Canada as in the US. Per an employment law binder I have re at-will employment for Canada it notes: At-will employment isn't a concept that applies under Canadian law. Employees can only be dismissed without notice for just cause. When just cause doesn't exist, employers must provide the amount of notice or pay in lieu of notice and severance pay required by statute or the courts, whichever is greater. Employment standards statutes prescribe minimum requirements for advance notice of termination or payment in lieu of notice. Some jurisdictions provide severance pay as an additional benefit to employees. Courts also require reasonable notice of termination which is usually more than the statutory minimum. In addition, in Quebec, employees (other than senior management) credited with more than two years service cannot be dismissed unless the employer has good and sufficient cause. The Civil Code of Quebec also provides that employment contracts can't prevent a court from determining a reasonable notice period. Under federal legislation, an employee with 12 consecutive months of service may not be dismissed without cause unless there is a lack of work or the discontinuance of a function.

 

[Michael Wechsler]

Quebec is its own entire universe in itself, lol. They are to Canada what Louisiana is to the U.S.

Interesting... in the U.S. the term is simply defined by whether cause is required, irrespective of any notice period prescribed by law. I guess to some degree one is able to terminate an employee if they pay out the contract, in essence paying them not to work with everyone else (the "rubber room"). Thanks for the extensive update.

 

[Betty3]

I have never been to Quebec or Louisiana.