ICBC Claim / Job Question
 

Ok, so i got into a couple car accidents a few months ago that were not my fault. I week before the first accident I had just gotten a new job. Since it was multiple accidents I was not able to work on a consistent basis and eventually got an email from my employer stating they need someone who can commit 5 days and i couldnt therefore to contact them when i could. That was 2 months ago and now im ready to go back to work and they said my position has been filled and therefore no longer need me. I didn't sign anything from my employer saying i was laid off or fired. Can they do that?

tia for any feedback

What about that 3 month probationary period that most places have, where they can fire you for whatever they want during the time? Does that apply?

I'm assuming you have tried to communicating with them and explaining the situation?

they knew the situation from day 1 and have been very nice about it. when the email was sent, i had just passed the probationary period.

i do have a lawyer, and im hoping that icbc will end up paying for the lost wages for not being able to work. even my dr said that my employer cant do that.

We've done it before and never had an issue with it. I really don't know the legalities of it because it's kind of a gray area but business is business. I know for us jobs need to get done so we can't be waiting around for someone to come back. When they come back if theres work for them no issue but if theres no work theres no work, just the way it goes sometimes. Then again Construction is a totally different animal then most jobs because turn around is so high.

We've never had a problem with someone sueing us or going to the LRB over it so we'll continue to do it until someone tells us we can't. When that happens we'll bring em back for a week and then lay them off for lack of work. :)

hehe i work in an office where there is ALWAYS work. and basically when the first email was sent, there was already a posting for my job through a job agency. and the first email was really vague, it didnt tell me directly that i was laid off or fired.

If they couldn't use you fully for the position you were hired for then indeed they will not wait around for you and fill in your position with someone else.
Now if they have other positions, they could try to offer you those.
They should have a Human Resource personnel at the company. You need to speak to them.
In my opinion you just didn't meet there expectations if you said they were nice about you not being able to work in the first place, how long did you expect them to be nice about it?

aaaaaaaaaaaaaaaaaand that gets you a fail. nice.

why did he get a fail?

he speaks the truth, and the problem lays in that you just started the job thus in the probation period.