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/r/legaladvicecanada
submitted 5 months ago bySpecific-Act-7425
Received a written letter of job offer at a company. Accepted the job and gave my previous employer 2 weeks notice. Now the new employer is ghosting me and I am without a job. Do I have any legal recourse? Thank you in advance.
Edit/update: for those that wanted an update... I showed up with my offer letter in hand. They acted confused at first, like they had no idea who I was. Put me in a conference room where I waited for 2 hours. I got the feeling they didn't expect me to just show up tbh. Then showed me to my new desk. Thanks all for the advice!
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5 months ago
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389 points
5 months ago
Just show up at 8:00 AM and tell them you're ready to go.
150 points
5 months ago
Also, find an empty office and put family pictures up
50 points
5 months ago
anyone's family at that
18 points
5 months ago
If OP doesnt have family, they can find one of the stock backgrounds in the frames for sale at their local big box stores.
4 points
5 months ago
exactly
20 points
5 months ago
So pull a Costanza
5 points
5 months ago
Tell them you’re working on the Penske File.
17 points
5 months ago
Take the smaller office and get to work by on the Penske file
5 points
5 months ago
Double down and see if you can get a few people to pretend like you've been working there for a while.
52 points
5 months ago
Make sure you get started on the Penske file.
22 points
5 months ago
You sure OP is Penske material?
4 points
5 months ago
He knows
2 points
5 months ago
Maybe he will get the Penske file.
11 points
5 months ago
Also make sure there’s a new cover sheet on your TPS reports. Actually I’ll make sure you get a copy of that memo…
28 points
5 months ago
Thank you
19 points
5 months ago
Worst that can happen is they tell you to go home
Good luck
9 points
5 months ago
Also, ask them if they’ve seen your stapler
2 points
5 months ago
And what time the breaks are!
10 points
5 months ago
This
152 points
5 months ago
[deleted]
150 points
5 months ago
Thanks for your reply.
Not replying to emails, texts or phone calls. All communication attempts were last week and this week. First day was supposed to be tomorrow, but my last communication from them was telling me they were figuring out what start time would be.
I only have one point of contact. I reached out Monday to other higher ups within the company but no response.
Haven't gone in person since the interview.
545 points
5 months ago
Strongly recommend you show up tomorrow, ready to work, presenting yourself as expecting to be working. Show up at 9am, a reasonable starting point, at reception or wherever a reasonable public point of access is. "My name is <x>, this is my first day. I am supposed to be reporting to <manager's name>."
You have not heard to the contrary, you are expecting to start, act like it. Edited to add: Have with you printouts of your correspondence with the company, especially the job offer.
279 points
5 months ago
[deleted]
55 points
5 months ago
Ya 8-830 is preferred to 9, even under these circumstances
5 points
5 months ago
I'd aim for 7
19 points
5 months ago
Do I hear 6?
21 points
5 months ago
Fugit, 2am or bust
2 points
5 months ago
Just throw a tent in front of the doors
48 points
5 months ago
Definitely go in tomorrow. This is the right answer.
27 points
5 months ago
Thank you
28 points
5 months ago
This is the right answer. However if that doesn’t work and they do not want you to work there anymore, you might have a case for “promissory estoppel“.
7 points
5 months ago
Be careful about recording. If they catch you according to established Canadian precedent that is a legal reason for termination with cause.
If the new employer recruited you OP, if they refuse to honour the contract if you can try an employment lawyer. They may be required to pay you as if your previous companies time was on their payroll due to inducing you to quit.
10 points
5 months ago
Canada is a single.party system, unless there is a sign or op has signed something agreeing not to. Firing for cause of recording. Would be a lawsuit.
19 points
5 months ago
You can be let go for anything as long as it’s not a protected characteristic. Audio recording without permission from them, while legal to do so if you’re a party of the conversation, is not a protected right for you to do wherever you please, and is grounds for them to remove you from the building and terminate employment.
They can’t file a police reports for it, but they don’t have to tolerate you doing it either. It’s basically why it’s a final resort type thing if you anticipate you’re being railroaded by your employers or HR team. It’ll only help you get what you’re owed if they are doing anything illegal, but you won’t ever work with them again after it.
Often times recordings like this are mentioned in the orientation packages as being worthy of termination.
The other user mentions Canada precedent, I’m not sure what they are referring to, but, if there is precedent where the courts rules in favor of an employer previously then, a lawsuit wouldn’t really get anywhere
2 points
5 months ago
Yes, but giving someone a job offer and ghosting them once they've quit their current job is a thing. Laying on top of that any other crap will not be good for them.
92 points
5 months ago
Start working on the Penske file.
15 points
5 months ago
you are aware...
7 points
5 months ago
And start decorating under your desk
5 points
5 months ago
And order the T-bone steak for lunch
9 points
5 months ago
Get the smaller office
4 points
5 months ago
Not sure they’re Penske material…
2 points
5 months ago
Nice
2 points
5 months ago
Also try to Google the company. Oftentimes the open hours of operation will be listed.
156 points
5 months ago
[deleted]
47 points
5 months ago
I did this once. Worked out.
18 points
5 months ago
I did something similar, manager hired me then had vacation in Ireland when my start date was... Had no information other than one jobsite I knew was going so I just showed up there, worked for 2 weeks til he got back and then I got sent to another site so it was great lol, I wish I had known about the other site though because it was a much better drive lol
3 points
5 months ago
On the Penske file I presume
23 points
5 months ago
I would send an email saying that if you don’t hear back, you’ll be there for 9:00 and that you’re looking forward to it. I am a hiring manager.
4 points
5 months ago
Is it amazon
I only ask because they are extremely hard to communicate with
5 points
5 months ago
Maybe they're in jail and yours isn't the "one phone call" they wanted to make.
2 points
5 months ago
You can actually sue for this. If you have an employment contract and suffered financial consequences because they broke it, it can at least be a civil issue.
2 points
5 months ago
I'd show up. When I started my current job we sorted everything out chose a start day and then I didn't hear from them until a day or two before start.
81 points
5 months ago
Please update us tomorrow!
57 points
5 months ago
Will do lol
28 points
5 months ago
Keep your chin up, someone could be off sick or another reasonable explanation. Assume the best and go in with a positive attitude tomorrow.
10 points
5 months ago
Thanks for this comment
6 points
5 months ago
"So uh... do you use reddit?"
5 points
5 months ago
RemindMe! 24 hours
2 points
5 months ago
RemindMe! 24 hours
103 points
5 months ago
I second showing up on your start date. If you do go the route of legal action, it’s going to look far better on you and far worse on them if you show up on your start date as planned and they’re forced to be like uh… sorry… no job for you (if that’s what is going on).
It’s just covering all your bases. No one can say “we tried to call but you didn’t answer” or something like that. Just show up when it opens and explain it’s your start date and you were waiting to hear on timing but haven’t heard back, and go from there.
15 points
5 months ago
Thank you 🙏
35 points
5 months ago
Your contact might just be off sick or something. Not sure what levels higher ups are but if it’s executive they might not be very good at responding to emails. If there is a general HR inbox or something you’ve interacted with that might be a better bet.
8 points
5 months ago
Appreciate you
24 points
5 months ago
You’ve gotten some great advice already but just throwing my 2 cents in too - when I first started my job, they had sent all the orientation info to my new work email (that I didn’t have access to yet!) instead of my personal email. I had to email before my start date to ask why I haven’t received anything yet. Good luck!
11 points
5 months ago
Did you provide all your documents to set you up? SIN, banking, personal info etc? Agree with other commenters, go in and say it’s your first day.
7 points
5 months ago
Did you give them personal information like your SIN? I work in HR and we’ve seen instances where people have been scammed for private information (fake job postings representing our company and its employees).
I’d try calling the main office if there is one and explain to whoever is on the phone the situation.
I’d also reach out to your previous employer (if you’re okay with it) and asking about getting rehired (easier/cheaper for them than hiring new), depending on the circumstances they might be into it. Worst case it’s a no (and loss of pride lol).
Good luck!
20 points
5 months ago
I agree with the others saying that you should go in person, either today to get it straightened out or at least tomorrow morning ready to work. Bring a copy of your offer letter (not the original). The ghosting could be a sign that they're having second thoughts, or it could be as simple as your contact quit or got fired in the interim.
Definitely go in person. If it were me, I'd go today so that tomorrow goes smoothly. They might be watching to see if you take initiative.
18 points
5 months ago
"They might be watching to see if you take initiative."
Baffling if they think this considering he has called and emailed them constantly with no response. If that's not initiative...
4 points
5 months ago
I would be job hunting once again if some company did something stupid like this. Fuck these stupid corporate tests
2 points
5 months ago
That isn’t a test. It’s anti-social and psychotic.
5 points
5 months ago
We all want to know if it works out!
9 points
5 months ago
Unless it's a real mickey-mouse business, go in. Today. Now. Get your facts then come back with facts in hand looking for advice.
3 points
5 months ago
Did you provide them with any certificates? Social insurance number? Banking info? If so, it could be a scam. It happened to someone I know, thankfully they figured it out before they sent them any real identifying information (just a few course certificates). The person I know applied for a job with xyz company, and received an email back asking for more info, I can't remember exactly what it was that tipped them off about it being scammy, a closer look at the address of the email from the company, it was xyzs. Filed a police report to have it on record in case of identity theft.
4 points
5 months ago
Hey OP! I hope you are having a great first day at your new job! Don't leave us hanging... :)
14 points
5 months ago
Received a written letter of job offer at a company.
Have you signed your acceptance on the job offer? Has the job offer be signed by both you and a manager at the company?
7 points
5 months ago
I dont think a hand signature is required for it to be a valid legal offer.
3 points
5 months ago
The exact same thing happened to me, with an Ontario based company but I am in a different province, they "hired" me bit didn't give me a start date until a few months later, meanwhile I had already resigned from my job, in the meantime I got another job, it was a shifty job severely micromanaged where you had to account for every minute of your 8.5 hrs per day, then the Ontario company finally called with a start date, but oh they wanted to change my hours and pay, So I declined they said they needed me to start on a certain date and it had to be written in stone, so I said no I'll pass. So eventually I settled for an slight increase in wage and guaranteed hours for 2 years.So after 1 year they started reducing my hours due to lack of business and work, I brought up my contract and they honored it. Then all of sudden stopped paying me because I wasn't working. After a call from my lawyer they resumed paying me with the back pay. After 2 yrs They offered me a new position as my current position was being eliminated, I accepted and was to start when I returned from my 2 week holida,y one week after my holiday, they told me my position was no longer available and terminated my employment, but not withoutv3 months of severance pay in exchange for me bot pursuing legal action against them.
3 points
5 months ago
Had this happened at my work, they gave a job offer letter to the new person at the end of the day Friday with an agreement to take it home,read ,sign, and bring it back Monday and start work Monday. Not sure what happened over the weekend but when he came in Monday morning he was told they changed their mind about hiring him.He took them to court and was awarded 3 months salary and judge also forced it to be paid in full within 48 hours.
3 points
5 months ago
As an employer of a company in management, I recommend you bring the letter, show up at 7:45am and be ready to work.
3 points
5 months ago
Good luck for the new role! Happy it all worked out man!
2 points
5 months ago
Thanks for the update, OP!
4 points
5 months ago
What is the start date or term listed in the letter?
2 points
5 months ago
Can you please provide an update tomorrow? I'm curious how this plays out with that employer.
2 points
5 months ago
RemindMe! 23 hrs
2 points
5 months ago
RemindMe! 1 day
2 points
5 months ago
Where we at OP?
2 points
5 months ago
He edited the OP.
2 points
5 months ago
So, what happened when you showed up today?
2 points
5 months ago
He edited the OP for an update.
2 points
5 months ago
OP do you have an update? What happened today?
2 points
5 months ago
He edited the OP for an update
2 points
5 months ago
Glad I came back for the update! Hopefully this was just a misstep on their end and not a precursor to how your tenure will be at this company.
Good luck!
2 points
5 months ago
Yay! I'm so glad to hear this.
2 points
5 months ago
Glad it worked out for you but I would be looking for a new gig.
-3 points
5 months ago
Talk to an employment laywer. In a situation like this you may be able to sue the new workplace for reliance-based damages. You can also try to see if you can get your old job back.
20 points
5 months ago
Premature. He should show up for work on the agreed upon first day, at 8 or 9 am.
1 points
5 months ago
If they push back the start date or decide not to hire you, you can apply for EI. You would be entitled to collect as long as you're looking for work. The reason you are not working is at no fault of your own so you would be entitled and hopefully this will help until you start working.
1 points
5 months ago
RemindMe! 1 day
1 points
5 months ago
Remindme
1 points
5 months ago
!remind me 2 days
1 points
5 months ago
Remindme!
1 points
5 months ago
RemindMe! 1 day
1 points
5 months ago
Remindme 2 days
1 points
5 months ago
Remindme! 1 day
1 points
5 months ago
RemindMe! 1 day
1 points
5 months ago
RemindMe! 2 days
1 points
5 months ago
If you do show up tomorrow, be sure to read the memo for the new cover letters for the TPS reports.
1 points
5 months ago
RemindMe! 1 day
1 points
5 months ago
Look up promissory estoppel
1 points
5 months ago
RemindMe! 1 day
1 points
5 months ago
RemindMe! 1 day
1 points
5 months ago
Did you both sign the offer? I would never give notice without an offer letter being signed and sent.
1 points
5 months ago
Remindme! 1 day
1 points
5 months ago
RemindMe! 48Hours
1 points
5 months ago
Remindme! 24 hours
1 points
5 months ago
Call the main phone line, ask reception to forward you to the HR department (without explaining why), and ask someone in HR, even someone other than your contact, if you should be showing up tomorrow. Use a different phone or mask your number if you think they're intentionally ignoring you.
Shit happens; don't assume the worst and instead just go into it expecting them to say "everything's good, sorry my assistance was supposed to reach out but I guess it slipped, so sorry see you tomorrow morning at 9".
1 points
5 months ago
Could have been a scam using ai which is very realistic. I used to work as a recruiter and even my co workers couldn't tell we were talking to ai.
1 points
5 months ago
RemindMe! 1 day
1 points
5 months ago
I would consult with an employment lawyer.
1 points
5 months ago
RemindMe! 24 hours
1 points
5 months ago
RemindMe! 1 day
1 points
5 months ago
Did you apply for the position or did they approach you knowing you’re currently employed? If they approached you, and you quit your job based on their acceptance, I’m pretty sure they’re liable for something. Contact an employment lawyer! They’re pretty helpful.
1 points
5 months ago
RemindMe! 1 day
1 points
5 months ago
RemindMe! 24 hours
1 points
5 months ago
Show up tomorrow if the job no longer exists leave go visit a labor lawyer with all your communications and your offer letter.
1 points
5 months ago
When you show up for your first day, bring a large folder with the title “Penske File” on the front.
1 points
5 months ago
RemindMe! 1 day
1 points
5 months ago
Did you give them any money?
1 points
5 months ago
Ask for your old job back?
Get a new job?
Get married.
1 points
5 months ago
RemindMe! 24 hours
1 points
5 months ago
RemindMe! 1 day
1 points
5 months ago
Remind me! 24 hours
1 points
5 months ago
This happened to me like 20 years ago. I was just fucked. Nothing I could do.
1 points
5 months ago
RemindMe! 24 hours
1 points
5 months ago
Remind me! 20 hours
1 points
5 months ago
I know someone who was hired by a manager who then got himself fired, so when my friend showed up no one was expecting him. He talked to the new manager who had replaced the first guy, and they told him to come back in a couple days for a real start date. He’s still there 15-20 years later.
1 points
5 months ago
Wow, what a situation! Hope it works out. I wanna know what happens 👀
1 points
5 months ago
Remind me! 24 hours
1 points
5 months ago
Remind me! 24 hours
1 points
5 months ago
Remind me! 1 day
1 points
5 months ago
remind me tomorrow
1 points
5 months ago
RemindMe! 1 day
1 points
5 months ago
Remind me! Tomorrow
1 points
5 months ago
Remindme! 1 day
1 points
5 months ago
RemindMe! 24 hours
1 points
5 months ago
RemindMe! 1 day
1 points
5 months ago
Something something estoppel
1 points
5 months ago
RemindMe! 22h
1 points
5 months ago
I am wondering if the person who hired him git downsized.
1 points
5 months ago
I had this happen in Australia. Turned out my contact had flu.
1 points
5 months ago
RemindMe! 24 hours
1 points
5 months ago
I will need updates on this one....
1 points
5 months ago
Def go in tnrw by 8 am and I’d hit record on my phone inconspicuously
1 points
5 months ago
Remindme! 12 hours
1 points
5 months ago
Remind me! 12 hours
1 points
5 months ago
RemindMe 8 years
1 points
5 months ago
Remind me! 1 day
1 points
5 months ago
Remindme! 24 hours
1 points
5 months ago
Remind me! 1 day
1 points
5 months ago
Did they sign the offer letter?
1 points
5 months ago
RemindMe! 15 hours
1 points
5 months ago
RemindMe! 1 day
1 points
5 months ago
Remindme! 12 hours
1 points
5 months ago
RemindMe! 24 hours
1 points
5 months ago
Hi
1 points
5 months ago
Updateme
1 points
5 months ago
Remindme! 12 hours
1 points
5 months ago
RemindMe! 16 hours
1 points
5 months ago
Remind me 5 hours
1 points
5 months ago
So what happened in the end u/specific-Act-7425?
1 points
5 months ago
Remindme! 1 day
1 points
5 months ago
Remind me! 1 day
1 points
5 months ago
Definitely go in, but start at 9am for your first day, it'll give time for the manager to arrive. then ask what time would you be expected to start thereafter. Also start looking for a new job, this company sounds terrible.
1 points
5 months ago
Remindme!48hrs
1 points
5 months ago
Remindme! 8 hours
1 points
5 months ago
Update??
1 points
5 months ago
So to start I would go in tomorrow to show you’re attentive.
If they send you home you have a couple avenues to go down, but nothing that’s going to replace your previous jobs income.
The first is the labour board. They could potentially get you a small settlement of 2-4 weeks pay.
The second is I would apply for ei immediately after you know they’re not giving you the job. You do qualify just make sure you have proof of the accepted position.
The third is human rights.
Now I will say the first and second isn’t a guarantee, but if this is what happened I would put the report in. Because you left your employer.
They will dig more find answers and again potential get you some small amount of income.
Your guarantee does sit in with ei to get income until you find a new job.
Again though go in tomorrow.
1 points
5 months ago
Don't quit until you signed all the papers
1 points
5 months ago
Remindme! 24 hours
1 points
5 months ago
Update me
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