fired on first day of job

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Rick1

Re: fired on first day of job

Post by Rick1 » Tue May 26, 2015 8:19 pm

The union is probably not waiting for your case but you have a case here. But the big question here is: was there a signature from recruiter or Company on the contract? In the news was a woman who was lesbian and the employer found out before she started the job and cancelled before she started. She got a good compensation because it became clear why they did not want her anymore.



Re: fired on first day of job

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Beep_Boop
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Re: fired on first day of job

Post by Beep_Boop » Tue May 26, 2015 8:56 pm

This is quite an interesting case. I'm not aware of anything like that happening before, but I think it's quite possible.
The grounds for suing an employer over dismissal during koeaika are usually quite limited to cases of discrimination. It would be really interesting to know the employee's legal standing in these cases. My hunch says that the contract is unlawfully cancelled.

Either way, you did the smart thing. I never give my notice to my current employer before going through the formal process with the new employer and signing the contract with my new boss.
Every case is unique. You can't measure the result of your application based on arbitrary anecdotes online.

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rinso
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Re: fired on first day of job

Post by rinso » Wed May 27, 2015 7:34 am

This case would be a legal nightmare.
On one side there is the right to fire you without reason in the trial period. On the other hand they offered you a contract without the intention to fulfill it. (you were not the chosen candidate)
On top of that there are two companies involved and somewhere somebody screwed up.

betelgeuse
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Re: fired on first day of job

Post by betelgeuse » Wed May 27, 2015 7:37 am

roger_roger wrote:
Rick1 wrote:But the big question here is: was there a signature from recruiter or Company on the contract?
I signed the job contract for the recruiter's company i.e. I'll be employee of the recruiter's company but be working in the office premise of the client company. Not sure how to put this, employee of XYZ legally and XYZ pays the salary and so, but work for ABC in ABC's office. I guess the actual term is rental job.
This didn't answer the question whether there exists a contract with the binding signatures of both parties.
roger_roger wrote:
Rick1 wrote:In the news was a woman who was lesbian and the employer found out before she started the job and cancelled before she started. She got a good compensation because it became clear why they did not want her anymore.
that's one sick point of probation period that they can fire without giving any explanation. Lucky her to get the compensation at the expense of her privacy being made public matter.
Incorrect. Even when cancelled on probation they have to arrange a hearing:

https://www.finlex.fi/fi/laki/ajantasa/ ... 10055#L9P2

http://www.finlex.fi/fi/laki/kaannokset ... 010055.pdf

"Before the employer terminates an employment contract on the grounds referred to in chapter 7, section 2, or cancels it for a reason referred to in chapter 1, section 4, or chapter 8, section 1, the employer shall provide the employee with an opportunity to be heard concerning the grounds for termination. The employee is entitled to resort to an assistant when being heard."

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Re: fired on first day of job

Post by Upphew » Wed May 27, 2015 10:59 am

One can't be fired before the trial period has begun. In fact employer would be in a tight spot if they tried to fire you before the trial period and then right after it has started, imho.

Did you get signed contract or was your name the first one on it?
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Re: fired on first day of job

Post by betelgeuse » Wed May 27, 2015 3:39 pm

roger_roger wrote: I was thinking about the point where I'd have blindly trust the recruiter company, resign from my current job, relocate to new place and show up to the work place to work but to find out I was not hired, or even I had contract to prove I was hired, they'd fire me on first day. Shall I be eligible for the compensation of all the costs eg: relocating, losing the job, etc.
I would say some form of compensation is likely. You would need to talk with a union lawyer to have an estimate on how much it would be. However, a smart HR department would, on noticing the mistake, let you work a couple days and then cancel the contract.

cors187
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Re: fired on first day of job

Post by cors187 » Sat May 30, 2015 5:38 am

If you are a registered member of the rental company and they sent you explicit instructions + the contract template, then i believe you would have the ability to argue your points.

I sacked someone in a probation period(last day of period), it became a mess with some guy from the union arguing that any work related dissatisfaction should have been discovered and reported before that last day of probation.
Its a messy system here.Im sure a union adviser will have a game plan already in place to make someone pay.

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Re: fired on first day of job

Post by Oho » Mon Jun 01, 2015 10:01 am

Rick1 wrote: In the news was a woman who was lesbian and the employer found out before she started the job and cancelled before she started. She got a good compensation because it became clear why they did not want her anymore.
It did? Because she was a lesbian living with a woman or because she flat out lied in the interview that led to her hiring? Incidentally she was not hired for an employee position but for an executive position, namely editor in chief for a daily newspaper and at the least the official basis was loss of trust of the board. Loss of trust actually makes sense given she could not even manage to go through her job interview without lying.

Rick1

Re: fired on first day of job

Post by Rick1 » Mon Jun 01, 2015 9:53 pm

She is probably allowed to lie because they are not allowed to ask.
Last edited by Rick1 on Wed Jul 08, 2015 1:32 pm, edited 1 time in total.

Oho
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Re: fired on first day of job

Post by Oho » Tue Jun 02, 2015 9:22 am

Rick1 wrote: If I am in an interview with a person I do not care what is his/her preference but I am not from Finland and as hetero as can be.
Well she was not asked about her sexual orientation but had she answered the question truthfully it would have been revealed. The bit about typical Finnish, are you a presumptuous arrogant £$€¤%& or what?

Anyway at about the same time the minister of labor Tarja Cronberg proposed 'diversity audits' for employers to make sure workplaces are sufficiently diverse with respect to ethnicity, religion, political worldview and sexual orientation thus if the highest authority in the country cannot be expected to understand the relevant legislation how the hell an individual interviewer can be.

cors187
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Re: fired on first day of job

Post by cors187 » Tue Jun 02, 2015 9:23 pm

And most companies are just based on lies if you have not found out yet.
What i got from that is Finnish brain companies pretty much lie to themselves.

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Re: fired on first day of job

Post by Pursuivant » Wed Jun 03, 2015 11:35 am

Something like that wouldn't rise my eyebrows in the UK. I've had a contract end "American style" (show up at office, ID pass not working, computer not logging in, "oh, nobody told you") :evil: The thing is, as a "contractor" you are more or less on a 0-hour contract. What my situation was usually, the XYZ agency (recruiter) called me up to work for ABC, and then I "billed" XYZ through the umbrella company DEF that pays the taxes and shows up as my "employer". So its a bit like being on toiminimi with outsourced payroll...

Actually, my last contract was ABC had hired a partner MNO to provide them IT staff, so MNO got XYZ to find me to work for MNO at ABC, and I still got paid through DEF... Who is the boss? :lol:

Recruitment companies are opportunistic !"#¤% most of the time. I get calls from people that see some magical acronym in the cv and don't even know what job specs they're recruiting for.

As for the legal responsibilities there... would be an interesting case in court. Thats why you need a crash mat when you do contracting. Trust no one. :roll:
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CH
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Re: fired on first day of job

Post by CH » Wed Jun 03, 2015 3:16 pm

tummansininen wrote:Is she though? She is allowed to decline to answer. That's different to lying.
You are allowed to lie with questions like these: http://www.taloussanomat.fi/tyo-ja-koul ... 242622/139

Or, more precisely, they cannot fire you for having lied to non-appropriate questions during the interview. But that will probably not make you look good in the eye of the boss when they find out you lied. And if you tell the truth, and it's not what they want to hear, they are not supposed to take non-work-related questions into account when hiring (yea, right!). No matter what you do, if the interviewer asks inappropriate questions during the interview you are mostly screwed. On the other hand, does one want to work for a workplace that is already in the interview process either incompetent or out to screw you? (One doesn't always have a choice, of course.)

The best thing is probably to ask why they ask, or how it relates to the work, like you said. But, yeah...

cors187
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Re: fired on first day of job

Post by cors187 » Sat Jun 13, 2015 8:49 pm


007
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Re: fired on first day of job

Post by 007 » Sun Jun 14, 2015 1:56 pm

roger_roger wrote:
CH wrote:You are allowed to lie with questions like these: http://www.taloussanomat.fi/tyo-ja-koul ... 242622/139
But the main thing is, do people even get any job without lying?
:wink:
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