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  • Need help! can you give me some advice?

    Can a company submits an record of employment to government saying that I worked 1 day and quit the job in same day even if I didn't agree and refused to sign the employee handbook,confidentiality agreement,medical insurance?

    I received an interview on Apr.20th and the manager only have 10mins for me,she told me to come back on Monday,Apr.23rd.

    At Apr.23rd they offered me an position as "production artist",after the HR asked me to fill out a paper(I don't know what it called),it contains my name,birth date,address,phone #,SIN #,and my printed name and signature.after I signed,she white on the paper "production artist" and the salary. but when she showed me the employee handbook,on page 14 she write"It is understood that no overtime will be paid unless specifically authorized in writing by management." I told her I need time to read and will return to her next morning.

    When I get home I asked my friend who working there,she told me that she work late every day for 1/2-1 hour,never get paid for overtime.

    So the next morning I made it clear to the HR that I will not take this offer and I returned unsigned employee handbook,confidentiality agreement,medical insurance paper to her.

    Last Friday,she send me a check and reported to the government that I quit my job as "production coordinator", which is the job title I never applied.

    I was having the unemployment insurance,but because of this letter,they stopped my UI.

    Can anyone give me some advice please?I'm really sad now..

  • #2
    You have several legally unrelated issues.
    - If we are talking only about overtime, then a requirement to pay overtime cannot legally be waived by the parties. The document you refused to sign was legally invalid under the federal FLSA law. The employer can fire you for working unapproved overtime but cannot refuse to pay for it,
    - UI is a function of state UI law. State UI law does not care about overtime. Based on what you have said, even if state UI believes everything you say (and state UI rarely believes everything they are told), they can (correctly) say that you quit and your refusal to sign a legally meaningless piece of paper is not justification for the UI claim.
    - File a UI appeal. It might work. It might not work. But your facts are very far from a sure thing.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Originally posted by DAW View Post
      You have several legally unrelated issues.
      - If we are talking only about overtime, then a requirement to pay overtime cannot legally be waived by the parties. The document you refused to sign was legally invalid under the federal FLSA law. The employer can fire you for working unapproved overtime but cannot refuse to pay for it,
      - UI is a function of state UI law. State UI law does not care about overtime. Based on what you have said, even if state UI believes everything you say (and state UI rarely believes everything they are told), they can (correctly) say that you quit and your refusal to sign a legally meaningless piece of paper is not justification for the UI claim.
      - File a UI appeal. It might work. It might not work. But your facts are very far from a sure thing.
      Thanks very much for your reply.

      I'll try to appeal..

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      • #4
        It seems OP, per IP address, is from Quebec, Canada. ("state" was not given when posting)
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          OP is in Canada, I can tell by the terminology.

          OP you may file an appeal with EI, however, you will probably lose EI won't consider this a valid reason for quitting.

          What you should have done is start working and if you didn't get paid for any overtime you worked, file a claim with Quebec employment standards. However, it's too late to do that now.

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          • #6
            Sorry guys, forgot to mention I'm in Montreal,Quebec.

            There is one detail, I'm a graphic designer, the job I applied is "Production Artist". But on "Record of employment" this company reported to service Canada my occupation is "Production Coordinator".

            I mean I never applied "Production Coordinator".. I contacted this HR immediately after receiving this ROE and she refused rudely to speak to me..

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            • #7
              Here's the problem:

              US law and Canadian law are not the same. Eerelations is the only one here who knows anything about Canadian employment law.

              In the US, the job title has no legal significance. They can call it a Production Coordinator; they can call it a Production Artist; they can call it Gary; they can call it a toaster. What matters is not what they call it, but what the duties are. And even what the duties are do not make any difference with regards to unemployment eligibility. Quitting because the job title is different does not affect your eligibliity.

              But you'll have to wait for eerelations to see if it's the same in Canada.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                Doesn't matter what the ROE says your job title was, whatever it says will have no effect on your entitlement to EI benefits. (I personally have never understood why the EI people have a space for it on the ROE form.)

                That said, you are not entitled to continuing EI benefits. EI regulations clearly mandate that people receiving unemployment benefits are required to accept the first reasonable job offer that comes along. (And yes you did this, you accepted the job by working there one day, and by accepting pay for one day.)

                In addition, people who quit their jobs are not entitled to EI benefits. You quit this job by refusing to retirn after working there one day.

                Again, the appropriate way to handle this would have been to start working there, and then if you worked overtime and weren't paid for it, you could have filed a claim for unpaid overtime with the Quebec employment standards people.

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