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04-07-2009
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Long-Time Member (500+ posts)
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Join Date: May 2006
Posts: 686
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Topic: Can they do this to me?
Can they do this to me?
Ok So a little overview on what has happened.. I have been working at the same call center for a little over a year now.. It is through a placement agency and it was considered a contract. So I have been getting really sick because I am a diabetic and it was the overnight shift that I was working. My doctor wrote a not stating he does not want me on nights anymore because it is making me sick and will lead to further complications..I was told that there was no day spots available for me. I get a phone call today telling me not to bother going in cause I am fired for missing to much time.. I was have been in and out of the hospital for the last 3 months and they cannot tell me what is wrong with me. Everytime I am there I get a doctors not I have missed 7 days in the last 3 months, that is the only time that I have missed time. 7 days really in a little over a year of working there and have doctors notes. Can they fire me for that?
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04-07-2009
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Member
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Join Date: Jan 2006
Posts: 3,119
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Topic: Can they do this to me?
As long as the note states why you missed the time, then they have little to no reason to fire you.
Sounds like wrongful dismissal. But then again NB has lackluster labour laws and regulations.
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04-07-2009
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Long-Time Member (500+ posts)
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Join Date: May 2006
Posts: 686
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Topic: Can they do this to me?
do you know who i could contact about this then?
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04-07-2009
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Member
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Join Date: Apr 2006
Location: east
Posts: 631
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Topic: Can they do this to me?
the call center I work @ says NB law says after 5 missed days in a year, they can fire you.
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04-07-2009
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Long-Time Member (500+ posts)
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Join Date: May 2006
Posts: 686
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Topic: Can they do this to me?
Even with a doctors note? Also they say that no day shifts are available and they are hiring right now on the job bank for days....
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04-07-2009
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Member (100 to 500 posts)
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Join Date: Jun 2006
Posts: 167
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Topic: Can they do this to me?
Contact the labour board, they may not be of much actual help, but other than hiring a lawyer, there arent too many other options.
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04-07-2009
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Moderator
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Join Date: Jan 2006
Posts: 2,063
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Topic: Can they do this to me?
there is nothing you can do. that is why they like using placement agencies. technically you didn't work for them, you worked for the placement agency, so they didn't fire you, you are just still an employee of the placement agency. It's a cushy way for them to get rid of people and bypass labor laws.
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04-07-2009
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Member
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Join Date: Jan 2006
Posts: 3,119
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Topic: Can they do this to me?
Quote:
Originally Posted by Damage82
the call center I work @ says NB law says after 5 missed days in a year, they can fire you.
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More than likely without proper release. But if you have a doctor's note stating that you are ill, then they "might" not be able to dismiss you.
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04-07-2009
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Long-Time Member (500+ posts)
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Join Date: May 2006
Posts: 686
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Topic: Can they do this to me?
Who can I call about this?
Last edited by jennifer25ca2006; 04-07-2009 at 10:14 PM..
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04-08-2009
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Member (100 to 500 posts)
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Join Date: Aug 2006
Posts: 263
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Topic: Can they do this to me?
You don't have a leg to stand on...sorry. They never let you go, they just told the placement agency that whatever job position you were in wasn't needed anymore. You are still employed with the placement agency, so they should be actively trying to find you work. You were never an employee of "said call centre" you were an employee, and still technically are an employee of the placement agency.
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04-08-2009
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Member (100 to 500 posts)
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Join Date: Mar 2007
Posts: 261
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Topic: Can they do this to me?
If you have doctors notes then go to EI.....
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04-08-2009
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**Bronze-Level** Paid Account
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Join Date: May 2006
Location: Home
Posts: 1,895
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Topic: Can they do this to me?
Unfortunately, those that have said there is nothing you can do are right. Call centers such as these use placement agencies because they are not held liable, as you are not their employee. These call centers have such a high turn-over for a reason. They are notorious for unfair/illegal labour practices.
Now all though there is nothing you can do legally, as with regards to labour laws, there is other things you can do. Too many people allow these companies to get away with this day in and day out. Speak out! If what you are saying about your circumstances are true, contact the media. Use the available resources. I am sure that there are many others like you, and if you come forward and make this company accountable than others might do the same.
This is a prime example of why unions are still needed in many sectors of the workforce. People need representation against companies like this.
__________________
Live each day like it's your last !!
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04-08-2009
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Long-Time Member (500+ posts)
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Join Date: Dec 2007
Posts: 2,249
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Topic: Can they do this to me?
I totally agree rhiley. There needs to be more not less unions. Unions are there for a reason. To protect workers rights. If you or I only knew what went on in business' that do not allow or have unionized protection, it would blow our minds. I am sure the people who work for these business' could tell us horror stories to the ninth degree.
Call centers and placement agencies are notorious for this kind of behaviour. For this we can thank dear old Frank Mckenna who back in the eighties got rid of thousands of good paying jobs and then threw a press conference every week it seemed to announce the arrival of a new call center with all the gov't grants that could be had. These call centers lasted as long as the govt money lasted. Then they closed down and reopened the next week with a new name and new govt money.They now operate with grants for each new employee they hire. More employees=more mponey.
Where in all of this is there any concern for the employees let alone employee's rights? They even changed the labour laws to accomadate the call centers regarding how many hours an employee works. There is something not right with this picture and something needs to be done. jennifer is not the first person who has run into unfair hiring/firing practices when dealing with call centers or placement agencies and I'd bet dollars to doughnuts she isn't the only one out there who is suffering from some kind of unfair practice at the hands of call canters or placement agencies.
Maybe you are right about going to the media but you can't do it as 1 person. You need 5 or 6 people who have been let go unfairly and bring it to the public's attention what's going on. People like me have no idea of what goes on behind closed doors at places like these. It';s amazing what happens when ypu get the power of the media behind you.
Sorry about the rant. I feel strongly about workers rights and fair treatment.
Last edited by inuit; 04-08-2009 at 11:57 AM..
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04-08-2009
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Member
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Join Date: Jan 2006
Posts: 3,119
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Topic: Can they do this to me?
Some unions are great, others not so much. Look at the UAW. The average assembly line working, uneducated, makes $80,000/year. Does that make sense to you? Not to me.
Now on the other note, look at the unions that help people get better wages. Like Wal-Mart.
With great power comes great responsibility. The problem with some unions is they take the employer to the cleaners. With birthdays off and other nonsense. I'm all for uinons, but at the same time. Call centers, retail and fast food. Don't need 'em. The Government must update the outdated labour laws and make it work for the people, not the other way around.
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04-08-2009
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Long-Time Member (500+ posts)
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Join Date: May 2006
Posts: 686
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Topic: Can they do this to me?
Quote:
Originally Posted by stripekv
You don't have a leg to stand on...sorry. They never let you go, they just told the placement agency that whatever job position you were in wasn't needed anymore. You are still employed with the placement agency, so they should be actively trying to find you work. You were never an employee of "said call centre" you were an employee, and still technically are an employee of the placement agency.
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No where in that letter did it state that i was not needed anymore It said that I missed to much time and the contract was terminated so you tell me that they didnt say it.. did you see the letter i dont think so?
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04-08-2009
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**Bronze-Level** Paid Account
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Join Date: May 2006
Location: Home
Posts: 1,895
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Topic: Can they do this to me?
Quote:
Originally Posted by jennifer25ca2006
No where in that letter did it state that i was not needed anymore It said that I missed to much time and the contract was terminated so you tell me that they didnt say it.. did you see the letter i dont think so?
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Wow, a little testy? I think you need to re-read his/her post. He/ she was feeling sympathy towards you and explaining to you that you are not the call center's employee, but rather the placement agency's.
__________________
Live each day like it's your last !!
Last edited by rhiley_08j; 04-08-2009 at 07:29 PM..
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04-08-2009
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**Bronze-Level** Paid Account
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Join Date: May 2006
Location: Home
Posts: 1,895
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Topic: Can they do this to me?
Quote:
Originally Posted by kaj27
Some unions are great, others not so much. Look at the UAW. The average assembly line working, uneducated, makes $80,000/year. Does that make sense to you? Not to me.
Now on the other note, look at the unions that help people get better wages. Like Wal-Mart.
With great power comes great responsibility. The problem with some unions is they take the employer to the cleaners. With birthdays off and other nonsense. I'm all for uinons, but at the same time. Call centers, retail and fast food. Don't need 'em. The Government must update the outdated labour laws and make it work for the people, not the other way around.
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The UAW/CAW have proven to be excellent negotiators for their members. I think, good for them if they can make that kind of money. Trust me, the amount of money they payed to their employees failed in comparison to the money they brought in. They didn't fail because of high wages, they failed because of consumer demand.
The labour laws that you speak of, wouldn't even be there today if it wasn't for unions, so be thankful everyday for the labour laws that are in place to protect employees, be thankful for regulated working hours, be thankful for all the safety measures that are in place in the workforce. Without unions, the average non-union worker wouldn't even have the rights that they have today.
__________________
Live each day like it's your last !!
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04-08-2009
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Long-Time Member (500+ posts)
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Join Date: Dec 2007
Posts: 2,249
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Topic: Can they do this to me?
I do agree sometimes unions do get too big for their britches but some of the unions associated with the Irvings are so weak they are useless. All they do is take your money and offer nothing in return. Those kinmds of unions give unions a bad name and people associated with them get a bad taste about unions. Seems hard to find a happy medium. With no union, the employers take advantage and treat their employees like slaves because they have almost no rights. On the other hand some unions are so powerful that the employees are almost getting the day off with pay because they have a hangnail. There need to be a fair medium somewhere.
What difference does it make where you work to be entitled to a fair workplace? You said call centers, retail and fast food don't need unions. I beg to differ. Most of these places the majority of the employees are women. They need unions to protect their rights just as much or more than auto workers who are mostly men. There is supposed to be no difference in gender but there really is. A workinmg mother needs to provide for her family as much as a father trying to support his family.
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04-08-2009
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**Bronze-Level** Paid Account
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Join Date: May 2006
Location: Home
Posts: 1,895
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Topic: Can they do this to me?
Quote:
Originally Posted by inuit
some of the unions associated with the Irvings are so weak they are useless. All they do is take your money and offer nothing in return. Those kinmds of unions give unions a bad name and people associated with them get a bad taste about unions.
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See the thing is, a union is only as strong as it's members. The ideology of "all they do is take your money" stems from disgruntled members who in actuality have done nothing for their union, but expect their union to do for them. Members who are actively involved in the union, and show that they are strong members reap the benefits.
__________________
Live each day like it's your last !!
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04-08-2009
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Long-Time Member (500+ posts)
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Join Date: May 2006
Posts: 686
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Topic: Can they do this to me?
Quote:
Originally Posted by rhiley_08j
Wow, a little testy? I think you need to re-read his/her post. He/ she was feeling sympathy towards you and explaining to you that you are not the call center's employee, but rather the placement agency's.
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not anywhere in that posting did they show sympathy whatso ever.. but I really do not care i have a namea number of someone i need to speak to tomorrow.
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