Can I force my employer to give me work or lay me off? (Salary, BC Canada)

Serpent

Hi everyone,

Can I force my employer to give me work or lay me off (severance then EI) instead of just having me sit around on unpaid leave in BC, Canada?

I work for an professional services firm. Work is very slow at the office right now for my group and the company has not been having a good year -- though things are picking up! However, because of the the bad year so far, the company has no room to keep employees around when they aren't billable.

I found out last FRIDAY that if we don't have a project to work on, don't come to work -- take vacation or unpaid leave! I think only my manager is working today. He's pretty bummed about the situation and I bet he's working, no pay, on proposals and whatnot. I'd help him (for free) if he asked -- we gotta find work!

Nobody is being layed off because we have good future prospects. We might be short-staffed as it is come September....

I'm currently at home using my vacation hours. They run out next week which means I will be going on unpaid leave unless something changes.

HOWEVER, a man's gotta eat. I have some good savings and could just sit tight, but really I'd rather work on overhead (collecting a paycheque) or get laid off, not use my savings, collect my 4 weeks severance, and go on E.I.

I'd love to look for a new job anyways, so severance, EI, plus no pussy-footing around asking for a reference from my current manager would be great. Also, I have a very good relationship with my manager and he would definitely give me a good reference.

I don't need the benefits because I get benefits through my wife.

Wezoin

Not sure about in BC, but in Ontario I believe the minimum they can offer you and still keep you as an employee is 1 shift every 13 weeks, actually, it might have been days. Eitherway its irrelevant in your situation since you aren't in Ontario. My brother's girlfriend found that out by calling the labour board when she wasn't getting any shifts - after that length of time they either had to give you a shift or let you go. What I'm saying is you should call your labour board and ask them.

Xaquin

Could you get a part time job in the interim?

bowen

Wow. Well, if "salary" works anything like it does in the US, show up for work and get paid your salaried wage. If they fire you because you're not passively taking the day, well, you've done what you're looking to do. If they don't fire you... uh, free paycheck.

It's illegal here in the US, but, if you're still on payroll, regardless of how little work there is, if you're at work and are salary you get paid. Which is why people opt for salaried jobs over hourly. Downside, of course, is overtime isn't paid or comped in any way.

What's the issue with going to work? Bring in a laptop and play some solitaire or something.

Sipex

Depends if the OP wants E.I. or not. If he does he needs to get laid off.

Esh

Why can't you wait until September when work starts coming in? That's less than a month away.

Ruckus

I'd say find some decent work else-ware, and then notify your manager that when they do want to give you some work you'll need a few days notice to wrap up whatever you're working on.

Kalkino

Maybe call you local department of labour. Such terms are not uncommon (NZ/UK have something along the lines you ask), so maybe BC does too. Worth the cost of a call anyway

skettios

Esh wrote: »

Why can't you wait until September when work starts coming in? That's less than a month away.

Serpent wrote: »

HOWEVER, a man's gotta eat. I have some good savings and could just sit tight, but really I'd rather work on overhead (collecting a paycheque) or get laid off, not use my savings, collect my 4 weeks severance, and go on E.I

Seems pretty silly that you'd have to use your savings because of this situation. I see savings as for emergencies or well.. saving up for something big.

Iceman.USAF

skettios wrote: »

Esh wrote: »

Why can't you wait until September when work starts coming in? That's less than a month away.

Serpent wrote: »

HOWEVER, a man's gotta eat. I have some good savings and could just sit tight, but really I'd rather work on overhead (collecting a paycheque) or get laid off, not use my savings, collect my 4 weeks severance, and go on E.I

Seems pretty silly that you'd have to use your savings because of this situation. I see savings as for emergencies or well.. saving up for something big.

So what is he supposed to use to eat for the next 2-3 weeks? Good looks? Charming personality? This is what savings are for. To save you.

Is there any freelance work you can do in the interim? Hell even mowing lawns and washing cars isn't out of the question, if its only for a few weeks.

noir_blood

As others have said, is there a particular reason why you don't look for another job? Hell, you might end up getting a better job and decide not to come back in September.

Corvus

Are you unionized? If not, do you have a contract, and what does it say about work hours?

I don't think you can just tell your employees not to come in and not lay them off. Your best bet might to be call the Employment Standards Branch of the Ministry of Labour.

bowen

Corvus wrote: »

Are you unionized? If not, do you have a contract, and what does it say about work hours?

I don't think you can just tell your employees not to come in and not lay them off. Your best bet might to be call the Employment Standards Branch of the Ministry of Labour.

I didn't think so either. That's why I thought it'd be best to just go in and sit around all day doing nothing rather than taking unpaid time. And to top it off he's salary too... which makes absolutely no sense why they're doing what they're doing rather than just laying them off. They must think work is going to pick up.

But, telling your employees they have to use their vacation time or unpaid time seems... illegal. But, they probably can get away with it by saying "or you can just come in" expecting people to prefer to stay home and not get paid.

Serpent

bowen wrote: »

Corvus wrote: »

Are you unionized? If not, do you have a contract, and what does it say about work hours?

I don't think you can just tell your employees not to come in and not lay them off. Your best bet might to be call the Employment Standards Branch of the Ministry of Labour.

I didn't think so either. That's why I thought it'd be best to just go in and sit around all day doing nothing rather than taking unpaid time. And to top it off he's salary too... which makes absolutely no sense why they're doing what they're doing rather than just laying them off. They must think work is going to pick up.

But, telling your employees they have to use their vacation time or unpaid time seems... illegal. But, they probably can get away with it by saying "or you can just come in" expecting people to prefer to stay home and not get paid.

If I went into the office and sat around all day doing nothing I would get fired for cause.

Found this section in the employment standards act:

Rules for layoffs
Temporary layoffs are not the same as termination. The Act does not require written notice or compensation for a temporary layoff. A temporary layoff includes the case where you earn less than 50% of your normal wages because your work hours are reduced. A temporary layoff can last up to 13 weeks in any period of 20 weeks. After 13 weeks of layoff, the Act considers an employee to be terminated when the layoff started.

I'll make some calls but it looks like yes, they can do this. After 13 weeks it would retroactively be considered a layoff.

I'm not pissed off about any of this -- I understand the company is losing money and It's been a good job for a long time, working with good management. Sometimes everyone's gotta pitch in, ya know?

I'm gonna use this time to work on some projects (renovations in the basement, kitchen), catch up with some friends, and maybe look for a new job!

bowen

Seems like that's what you want them to do though? I mean, you can't work if there's no where.

It's really shocking how different Canada is to the US, especially in terms of salaried employment. "fired for cause" sounds like a really sketchy way of saying "we're firing you because you're not doing anything... because there's nothing to do, so, I'm denying unemployment."

Demerdar

Just start looking for another job. The worst that could happen is you can find a better job with guaranteed hours. Just make sure whomever you put down as a reference for this current job is cool with you looking for other work with the hiatus. I am sure he will understand your predicament.