Would You Quit Over This? (work advice)

[KrazyHorse]

I suggest you go to the people who gave you the new job and tell them what happened.

[duke o' york]

Hear hear.

[SlowwHand]

You gave your 2 weeks notice. Screw them.

[Flubber]

Asher, I don't think there's any legal requirement for an employee to give notice in Canada.

You would be wrong-- The requirements are provincial but as an example here are the rules in Alberta as paraphrased in a law firm bulletin http://www.davis.ca/publication/Albe...l-May-2009.pdf

What about employees? Do they have to
provide notice of resignation?

Yes. Employees are obliged to give
employers “reasonable notice”. However, this
notice is significantly less than for employers.
The following table provides appropriate notice
periods for employees:
Length of Service Notice Period
If employed less than
three (3) months
No notice required

Between three (3)
months and two (2)
years
1 week notice

More than two (2)
years
2 week notice


There are numerous statutory exemptions to
an employee’s requirement to give “reasonable
notice” of termination. These include:
a) there is an established custom or
practice in the industry respecting the
termination of employment;
b) an employee terminates employment
because the employee’s personal health
or safety would be in danger if the
employee continued to be employed by
the employer;
c) the contract of employment is or has
become impossible for the employee to
perform by reason of unforeseeable or
unpreventable causes beyond the control
of the employee;
d) the employee has been employed by the
employer for 3 months or less;
e) the employee is temporarily laid off;
f) the employee is laid off after refusing an
offer by the employer of reasonable
alternative work;
g) the employee is not provided with work
by the employer by reason of a strike or
lockout occurring at the employee’s
place of employment;
h) the employee is employed under an
agreement by which the employee may
elect either to work or not to work for a
temporary period when requested to
work by the employer; or
i) an employee terminates the employment
because of a reduction in wage rate,
overtime rate, vacation pay, general
holiday pay or termination pay.

I believe a miinimum period is set out in many provinces but as Asher pointed out , most employers would likely ignore these rules. Hell in a lot of jobs they will show youy the door the second you indicate you plan to leave.

NOte that Ontario doesn't seem to have a set notice period according to a FAQ http://www.labour.gov.on.ca/english/...ral.php#notice

Do employees have to give notice to their employers when they quit their job?
The ESA does not address the issue of employees giving notice to the employer when they quit their job, except under the pregnancy and parental leave provisions, which require that employees give notice to their employer if they are not returning, and in cases where the employer is terminating the employment of 50 or more employees in a four-week period. Employees may be required to provide their employer with notice that they are quitting under other laws

[Asher]

So I'm not crazy.

[SlowwHand]

Especially in a managerial capacity.

[notyoueither]

I believe a miinimum period is set out in most provionces but as Asher pointed out , most employers would likely ignore these rules. Hell in a lot of jobs they will show youy the door the second you indicate you plan to leave

I'm pretty sure all this effects is severance pay.

If Joe walks up and says he won't be there tomorrow, they celebrate.

If Joe walks up and gives them a letter giving two week's notice, they owe him two weeks pay if they send him home immediately, or they continue to pay him while he 'works' for two weeks.

I have allowed people to stay, and I have sent people home immediately. In either case I paid the period of their notice.

[notyoueither]

As for the OP, no you should not quit until you are leaving for another job within the same company or another.

[KrazyHorse]

You would be wrong-- The requirements are provincial but as an example here are the rules in Alberta as paraphrased in a law firm bulletin http://www.davis.ca/publication/Albe...l-May-2009.pdf



I believe a miinimum period is set out in many provinces but as Asher pointed out , most employers would likely ignore these rules. Hell in a lot of jobs they will show youy the door the second you indicate you plan to leave.

NOte that Ontario doesn't seem to have a set notice period according to a FAQ http://www.labour.gov.on.ca/english/...ral.php#notice

Huh. I really never thought there even was a minimum. None of the people who quit jobs I worked in Canada (factory and warehouse type work) gave ANY notice. Most just stopped showing up.

[Asher]

I'm pretty sure the law only exists for exceptional cases -- eg, someone in a very business critical situation quits without giving ample notice in a critical circumstance losing the company business.

[SlowwHand]

Just stopping showing up is called burning your bridges here. I wouldn't really count on that company as a reference.

[KrazyHorse]

Yeah, but in that case how the hell are they going to force the employee to "work"?

[Asher]

Yeah. Most of the people I know who quit, from a professional standpoint, give ample notice in excess of two weeks. Usually a month or so.

[Asher]

Yeah, but in that case how the hell are they going to force the employee to "work"?

You don't, you sue them after. Or you threaten to sue them when they say they quit, pointing to the law.

[notyoueither]

I'm pretty sure the law only exists for exceptional cases -- eg, someone in a very business critical situation quits without giving ample notice in a critical circumstance losing the company business.

It applies to final pay.

I have never heard of someone being sued for not showing up.