Basically, it's just about impossible to make a sale, so if you aren't successful within the first few days, they don't call you back for another shift. Which was fine with me - I just wanted the quick bucks to get me out of a desperate spot a few years ago.

This place wouldn't be near Yonge and Bloor in Toronto, would it? I won't mention which paper.

Anyhow, I don't know what the law is around this sort of job. It might be that during your "probation" period of the first three months, you can be let go with notice. Or, perhaps if it is that they're not able to make a sale, they could say it was non-performance or something.

Maybe someone else might know?

P.S. I just looked at the web site for the firm I worked for, where they brag about having 100 "seasoned" sales professionals, and low turnover. What a laugh! Every weekday, they have people come in off the street at a set time, sit in a group and introduce themselves (which is how they test your voice), they choose those whose voices they like to stay (a group of around 10 or 15 people), and then they show the "training film" and then put them out on the floor to sink or swim for the next couple of days. Most sink. Low turnover my ass!

[ 06 July 2007: Message edited by: Michelle ]

In the first 3 months of employment, they can be fired even without cause with no notice required.

After that, it's one week's notice up to 1 year of service, then 2 weeks' notice up to 3 years of service, etc., up to a maximum of 8 weeks' notice if you have 8 years' service or more. Again, that's the most you can get if you're fired for no good reason at all.

Exceptions: Employees cannot be fired at all for certain limited reasons, like asserting their legal rights to minimum wage, overtime pay, etc., or for taking legally mandated leave for pregnancy, etc. - or of course if the firing is based on prohibited discrimination (race, sex, etc.).

But if the boss just doesn't like your face (other than your facial colour!!), and is prepared to give you the requisite notice - you're gone and the courts have no power to reinstate you.

Unionized employees, of course, have far more powerful protection. Once they've finished probation, they can only be fired for "just cause" - and the burden of proof is on the employer. If the employer can't prove "just cause", an arbitrator has the power to reinstate the employee.

That's one of the huge little-known advantages of being in a unionized workplace.

Then this girl beside me, who had also made a sale got canned. Then me a few hours later I got an email from some work-mates I'd made who were transferred to the "goodside" of the room if you get me - turns out they were also on the verge.

I think they have a core of contracted staff, and constantly filter through this churn of people for potential stars that can join them.

It's fucked up as most of the "good side" are on re-subscribing former subscribers and the rest of the churn mill are just cold calling randomers, they don't even get you to use the proper codes or provide "call backs" if people say "ring us later, we're interested."

I hope the fuckers get whats coming to them one of these days.

[ 06 July 2007: Message edited by: Antrophe ]

quote:

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Originally posted by munroe:
When in doubt .....Organize (give Steel a call).

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Steel is an excellent union, from my own personal experience. But they may or may not be the one that's organizing in a particular domain or have experience and existing members there. The advice we always give newcomers is to contact the Canadian Labour Congress for advice - they'll steer you to the right union. Here's the Ontario office?

quote:

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15 Gervais Drive, Suite 305,
Don Mills, ON M3C 1Y8
416.441.3710
416.441.4073 fax
[email protected]

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quote:

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Originally posted by munroe:
When in doubt .....Organize (give Steel a call).

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Of course, remember that Ontairo law requires over 40% of the potential bargaining unit members to sign membership cards [s.8(2) of the Ontario Labour Relations Act] for the purpose of applying for certification. And, if you're no longer employed when the drive starts, your signature on the card may not count toward that 40%. The game of "who's on the list" begins and goes on and one when an employer really wants to keep a union out.

{A piddly point in your thread title -- "unfair dismissal" or "wrongful dismissal" are terms with meaning in "employment law", the area of law apllying outside of workplaces with employees organized into a trade union. "Labour law" imples a workplace in whcih employees belong to a trade union. Very piddly, I know.)

Of course, part of the reason for terminating staff in the way you described may well be the idea that the Employer want to be able to define the potential voting list in a favourbale way. So a simple way to keep any union from accumulating 40% of the workers in a workplace to sign cards in one union is to keep terminating them, so that there is little risk of that person's signature on a union membership card applying by the time a potential certification vote is to happen.

So, as is noted above, if you are a popular enough person among the people who are still working there, getting a majority of them to sign cards within a couple of days (so that at least 40% of the people working by the time the bargaining unit is defined have signed cards) is an important step. Once organized, you'll actually be able to make your Employer show just cause for future firings.

Unfortunately, until you are organized into a Union, you have no right to not be terminated (save termination for "just cause", of course) at all.

[ 08 July 2007: Message edited by: Robo ]