Employer withholding letter of reference with accurate details

[point_me_@_the_sky]

Good day,

My last employer had me responsible for customer service work as well as skilled computer repair.

I have since left them and when I requested a letter of reference with the job title and duties reflecting my skilled work (for immigration purposes only), I was denied by the employer, stating that this is not part of the contract.

I have already contacted the ESA board and local news agencies in preparation for some form of escalation.

Does anyone here have any advice, or legal recourse I can take?

Best Regards

 

[Naturgrl]

Good day,

My last employer had me responsible for customer service work as well as skilled computer repair.

I have since left them and when I requested a letter of reference with the job title and duties reflecting my skilled work (for immigration purposes only), I was denied by the employer, stating that this is not part of the contract.

I have already contacted the ESA board and local news agencies in preparation for some form of escalation.

Does anyone here have any advice, or legal recourse I can take?

Best Regards

In Canada there is no legal obligation for an employer to provide a letter of reference. Not sure what local news agencies are going to do.

 

[point_me_@_the_sky]

In Canada there is no legal obligation for an employer to provide a letter of reference. Not sure what local news agencies are going to do.

I believe you are in Ontario. Unless the law there has changed since I completed law school there, I do not think there is anything you can do to compel an employer to provide a letter of reference.

My law practice experience is all in British Columbia and includes some time in government, including the Employment Standards Branch. I can say for sure that, in BC at least, not much you can do. Moreover, assuming you could compel a letter to issue, could you require that it be a positive reference? If it's a letter damning with faint praise, do you have recourse? I would think not.

It's a requirement when applying for Permanent Residency through FSW that a letter of reference (perhaps I'm using the incorrect term here) from the employer stating the employee's job duties and responsibilities.

I don't need a positive reference, I simply need a letter stating my duties and responsibilities that I performed. My employer is not issuing me a letter for the work I ACTUALLY PERFORMED (i.e. they have issued me a letter with responsibilities that DO NOT classify as skilled work, even though there is a recorded history of me performing said skilled work)

 

[Naturgrl]

If you are looking for a employment letter (not letter of reference) to prove the job for Express Entry/PNP then you can provide your contract, T4, paystubs etc. And a letter of reference in Canada is for the employer to say what a great employee you are and fulfilled your duties.

 

[point_me_@_the_sky]

If you are looking for a employment letter (not letter of reference) to prove the job for Express Entry/PNP then you can provide your contract, T4, paystubs etc.

It's just in order to qualify for FSW under Express Entry, I need the employment letter to reflect the skilled work I was asked to perform. The employer is refusing to provide a letter of employment that reflects the skilled work I was required to, made to, and a recorded history of it available with the employer.

 

[point_me_@_the_sky]

Naturgrl got in there while I was typing, but she asks a good question. What do you expect from "local news agencies". What would be their interest? Should they, or the public in general, much care if you don't get a letter?

Again, while typing, you and ng have added more fodder. It now appears that a letter of reference is not the issue, but more properly characterized as a job description.

It works in America, sometimes

 

[Naturgrl]

It's just in order to qualify for FSW under Express Entry, I need the employment letter to reflect the skilled work I was asked to perform. The employer is refusing to provide a letter of employment that reflects the skilled work I was required to, made to, and a recorded history of it available with the employer.

They have no legal obligation to do this. Attach a letter of explanation to your application and attach any additional proof you can to support your employment status (contracts, paystubs, tax receipts, etc.)

 

[point_me_@_the_sky]

Again, an employer does not, on demand, have to provide you after the fact with a job description. You no doubt saw one when you applied. Do you still have it?

If you are right in what you have said, then the IRCC will go after the employer. But my guess is that the IRCC knows they can do nothing on that score, unless somehow they have an agreement with the IRCC to provide same, which seems unlikely in the extreme.

I could dig it up but what good does that do for me?

provide same? Could you please clarify?

 

[point_me_@_the_sky]

And let me give you some free (albeit unasked for) advice. Resist the temptation to react in anger to your former employer and to seek redress via every possible avenue you can conjure up. In my work I have seen this. Ex-employees who have a grudge with the former employer. They file employment standards complaints, they file human rights complaints, they bring legal action, they leave no stone unturned. And what do they get? A reputation as being troublesome, too hot to handle. They effectively blacklist themselves. Who wants to take the risk of hiring an employee with a track record of making the lives of former employers difficult?

I do not say never take a former employer to task in proper circumstances. But pick your battles. The one you have raised here is not worth getting your shirt in a twist over.

My immigration hinges on my employer providing this info... Certainly something worth getting worked up over.

How does my future employer know that I took my ex employer to task? Is this something reflected through a background check? I've already moved past the duties of the old position and have started pushing my tech career forward. I need this doc to be accurate as it will represent the majority of skilled work on my Express Entry Application

I was literally being paid minimum wage to perform NOC B work (albeit at an entry level) and now the employer is refusing to provide documentation that assists my immigration application. If they wanted to they could wipe the camera records, wipe the service logs and it would look like I never did skilled work there at all.

I would love to share the issues this employer has made for me, customers and other employees, the deceptive business practices and corruption from within, but I will leave that for the media if they decide to pick the story.

 

[point_me_@_the_sky]

I do not profess to know a doggone thing about what it takes to "qualify for FSW under Express Entry". Heck, I don't have a clue as to the meaning of "FSW" and I have spent more than enough time since becoming a member here looking up the meaning of various initialisms, acronyms and abbreviations. There are threads here trying to assist in that regard. Sadly, those threads end up running to scores of pages by well-meaning types adding "thank yous" to the thread, such that it bogs down efforts to learn much. But that's an aside.

You say "I need the employment letter to reflect the skilled work I was asked to perform." But, does the IRCC say the employer must provide that? If so, tell 'em you have been asked and denied. Let them hound the employer. But, I expect all the IRCC wants is an outline of the work you did, not some ex post facto statement from the employer. I would expect the IRCC to take your word for the nature of your work and, should there be doubt, the IRCC would make inquiries of the employer.

Federal Skilled Workers is one of the immigration programs available to qualify under Express Entry. The main requirement is 1 year of skilled work experience, bonus points if within Canada, and if I have Canadian Education experience. There was a pathway for temporary workers to immigrate via unskilled work experience (provided due to Covid 19) but I missed the boat on that one.

Sincerely though, thank you for taking the time to enlighten and offer your perspective, I am at ease for the moment regarding my immigration application moving forward thanks to your reassurances.

 

[Copingwithlife]

It's just in order to qualify for FSW under Express Entry, I need the employment letter to reflect the skilled work I was asked to perform. The employer is refusing to provide a letter of employment that reflects the skilled work I was required to, made to, and a recorded history of it available with the employer.

There is no obligation on the employer to provide that to you . I worked with 100 other people. It was a mass layoff . I was there 27 years . We all asked for a reference. Management said No.And this was a massive corporation.
if you’re looking for a confirmation. Get T4’s, paystubs , record of employment