According to Prime Minister Justin Trudeau and Federal Finance Minister Bill Morneau, young people should get used to temporary employment. That means that Generations X, Y, and Millennials should get used to badly paid uncertain employment with lousy or no benefits to speak of.
This article is not about how our Prime Minister rode the younger vote into office on a promise to fix unsteady employment. It’s not about the fact that Trudeau turned his back on young Canadians the same way protesters turn their backs on him.
This is about getting fired.
Dismissals are increasingly common as work gets more unstable. Fortunately, there are laws that protect people from the worst behaviors of employers.
In Quebec we have two main laws to protect employees: the Civil Code and the Act Respecting Labour Standards.
The Civil Code’s provision on dismissal says that if your period of employment is for an unfixed term, you are legally entitled to a notice of termination.
The notice of termination is a written document announcing that you’ve been dismissed from the job. If you’ve been working constantly at the job for three months or more, you are legally entitled to that notice.
The time between that notice and the day you are actually supposed to stop working depends on how long you’ve been there. If you’ve been working continuously at a job for between three months to a year, you’re legally entitled to one week’s notice. If you’ve been working one to five years, you’re supposed to get two weeks notice. For five to ten years of service, you’re entitled to four weeks notice, and for over ten years of service, you’re legally entitled to eight weeks of notice.
Most employers do not want you at the job after they’ve decided to fire you, and they are allowed to ask you to leave, but there is a catch. If they don’t want you working during the mandatory time between serving you the notice and the time you are legally entitled to, they have to pay you an indemnity equivalent to the wages you would have gotten for that period. That means that if you’re entitled to two weeks notice and they ask to leave right away, they owe you two weeks’ pay. It should be noted however that if your employer fails to give you that notice or indemnity, you are legally entitled to ask for it and should.
When it comes to the act of actually firing someone, there are only a few legitimate reasons an employer can use. They can fire you for misconduct, for having a bad attitude, for your lack of skills, insufficient performance, or your incompetence, all of which are considered “good and sufficient cause for dismissal”.
What employers cannot do is fire you as punishment for something they’ve already reprimanded you for. It’s the double jeopardy rule of employment law that means that if, for example, you screwed up at work and your boss suspended you for a week for your actions, they’re not allowed to fire you for the exact same mistake.
Employers are also not allowed to engage in “constructive dismissal”, known in French as “congediement deguisee” or disguised dismissal. This is the practice where instead of firing you outright, in which case they’d have to give you the proper notice, indemnity, and paperwork, your employer makes a unilateral and fundamental change to your employment without reasonable notice, thus making your working conditions so unpleasant that you quit on your own.
This includes, for example, cutting your hours by crazy amounts when you’ve worked a certain number of hours at this job for years, or unilaterally cutting your pay without explanation. If the changes to your working conditions are so dramatic you’ll have to quit your job to find conditions equivalent to the ones you had before, you can argue that you’ve been the victim of constructive dismissal. Constructive dismissal can also take the form of psychological harassment making your job so unbearable that you quit.
The almighty layoff is another way you can lose your job, but it does not carry the same stigma as dismissal. Permanent layoffs are related to the internal or economic life of the employer and supposedly have nothing to do with the employee(s) they let go – the sort of “it’s not you, it’s ME” version of dismissal. Reasons for layoff can include a decline in the company’s business, reorganization of the business, the implementation of new technology, or the sale of the business.
Regardless of whether you were terminated or laid off, the rules regarding notices of dismissal still apply. If you suspect your employer has mishandled letting you go, feel free to call the Commission des normes, de l’équité, de la santé et de la sécurité du travail at 1 844 838-0808 to see if you have any legal recourse.
If you decide to go after your employer for how they treated you, you have a few options. If you had two or more years of uninterrupted employment before being dismissed and feel that you were let go without a good and sufficient cause, you can file a complaint with the Commission des normes within forty-five days of your termination. The complaint must be in written form and failure to do so within that time makes you lose your right to pursue it.
The Commission des normes de travail can then act on your behalf to come up with some kind of agreement between you and your employer to ensure the law is obeyed. You also have the option of suing your employer in civil court. If you cannot afford a lawyer, remember that legal aid may be an option for you.
In this era of unstable employment, employees need to protect themselves more than ever. The next time you get let go, contact Normes de travail. You may have more rights than you think.