They gave him an ultimatum to quit or get fired.. i can't believe they could do this. is that even legal? can he still get unemplyment? its a really hard time especially since holidays are around the corner. please help!
2007-11-21 06:24:54 · 6 answers · asked by kristy 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
It's illegal in Canada. Through our Employment Standards Act you can take what's called Family Leave - up to 5 days unpaid leave "to meet responsibilities related to the care or health of any other member of the employee's immediate family"
If he leaves/quits, he can't collect unemployment ins.
If he's been working with his employer less than 3 months the employer can let him go without 'just cause' - this works for the employer as long as he doesn't say anything like "You're fired because you took those days off". Then, you're boyfriend has a case with the Employment Standards Act.
If your boyfriend has worked longer than 3 months, then the employer has to prove 'just cause' for firing him. Taking days off to care for a loved one is not just cause. If he still fires him then your boyfriend has a case against the employer.
2007-11-21 07:57:17 · answer #1 · answered by north o 2 · 0⤊ 0⤋
I'm an employer, why did they tell him he had to be fired or quit? If he has worked their longer than 8 weeks and averages at least 20 hours a week, he can get unemployment. However, if the boss decides to windle his hours down to a couple a week, he can do that, and basically force him to quite. I would file a claim as soon as possible.
2007-11-21 06:31:44 · answer #2 · answered by Dippin Dots of East Lansing 2 · 0⤊ 0⤋
If he quits or gives notice there will be no unemployment. If he opts to get fired he will get unemployment. He should go for the second option because they will list him as not available for rehire either way and at least he will recieve something while looking for a new job.
2007-11-21 06:35:11 · answer #3 · answered by Cube Dweller 5 · 0⤊ 0⤋
If he gave them his 2 weeks then I don't think he can get unemployment since he went of his own acord. If they had fired him, then yes he probably could have gotten unemployment. It can't hurt for him to try and apply though, you can do the whole application process online (in the state of VA anyway.) What state are you from? perhaps I can find the link for your state.
2007-11-21 06:30:20 · answer #4 · answered by vanessa 4 · 0⤊ 0⤋
Yes they can legally fire him. If he quits, he won't be able to get unemployment. If he is fired, he probably will be able to but it depends on your state law and exactly what he did or didn't do - did he call off, or just not show up? If he just didn't show up, he might not be able to collect anyway - and even if he called, it isn't for sure.
Good luck.
2007-11-21 10:46:38 · answer #5 · answered by Judy 7 · 0⤊ 0⤋
buy a news paper and look for jobs. if that does not work then ask a friendto ask her boss if he can help.
2007-11-21 06:44:19 · answer #6 · answered by candace 1 · 0⤊ 0⤋