Anyone In Ontario Know Employment Laws?

Kinja'd!!! by "MooseKnuckles" (andyschenk)
Published 02/06/2017 at 20:59

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Let my company know this past Friday morning (Feb 3) that I had an offer from another company that I was probably going to take. My supervisor asked if I could give him the day to talk with one of the VPs and HR and put together a counter offer. I said fine - partially knowing they wouldn’t be able to even get close to my knew offer because of cheapness and politics within the company.

They presented me the offer and I took the weekend to think it over. Today I confirmed I would be leaving and provided them a resignation letter stating that due to 2 weeks vacation I had scheduled in February (Feb 11-26), I wished, on good faith, to provide them 2 full weeks (10 days) of attendance so my final day would be March 3. 

At the end of the day today my supervisor came to me and said HR has provided him direction for my final day to be this Wednesday Feb 8. This was a verbal message from him to me.

To me this sounds like a termination notice. I’ve been reading on the Ministry of Labour website, which states a termination notice is to be in writing, and it looks like they should? owe me 2 weeks of wages as termination pay.

Is that correct? I’m going to call the MOL in morning and get clarification.

It’s funny, they only counter offer less than 5% of people wishing to leave; I’ve been critical in a lot of projects and operations during my time with them; gone well under paid and over worked for my entire duration; and even in leaving I didn’t want to show them the back of my hand by giving notice then leaving on vacation and cutting out.. Then they turn around and do this. It’s not much of a surprise, they are a crap employer, but I didn’t think they would set the bar this low one last time for me.

Any insight would be appreciated.

Here’s a picture of shexy headers for reading

Kinja'd!!!


Replies (16)

Kinja'd!!! "CB" (jrcb)
02/06/2017 at 21:02, STARS: 0

Do you have a union rep in your line of work? If you do, I’d give them a shout. But calling the Ministry of Labour sounds like the best bet.

Kinja'd!!! "MooseKnuckles" (andyschenk)
02/06/2017 at 21:04, STARS: 0

not unionized. one of the largest privately held engineering firms in the world and they still play screwball with employees.

Kinja'd!!! "The Crazy Kanuck; RIP Oppositelock" (jukesjukesjukes)
02/06/2017 at 21:06, STARS: 0

Walk away. They will give you shit jobs if your leaving.

Kinja'd!!! "Honeybunchesofgoats" (honeybunche0fgoats)
02/06/2017 at 21:08, STARS: 0

I can’t help at all, but I’m confused by the vacation thing. Most places I’ve worked at buy out unused vacation time when you leave, so I’m surprised that that isn’t standard in the socialist north.

Are they terminating you so they don’t have to pay your vacation time plus two weeks from the two weeks notice?

Kinja'd!!! "comes over to help work on your car and only drinks beer" (00cyclonefan)
02/06/2017 at 21:11, STARS: 4

I know nothing of labor laws in Canada, but I do know that it is not uncommon, or malicious, for companies to end the employment relationship quickly when someone puts in notice (whether you want to call this a termination, or just letting you leave early, depends on whether you’re talking law or just colloquialism). A lot of times, the employer will pay the full 2 weeks of notice, but just let you go (or ask you to not come back) sooner than that. Even if it’s the best employee they ever had that they don’t want to see go, once they put in resignation, in some cases, it’s better if they’re gone ASAP. The possibility of them recruiting other employees, or ‘stealing’ contacts, or Intellectual Property (that one would be illegal, but you’d still have to pay to prosecute it), etc., make it better in some instances to get them gone. As well, even if it’s not that serious, an employee who has put in their notice unfortunately may not have a high degree of accountability in their remaining projects, so leaving something half done is better than leaving something done, but half-assed.

I can’t comment on your specific situation, but don’t automatically assume they’re being jackwagons...not saying they’re not, either, just saying it’s not always a situation where they are. Sometimes, it’s best for everyone in the long run to cut it quickly once notice has been given.

Kinja'd!!! "MooseKnuckles" (andyschenk)
02/06/2017 at 21:11, STARS: 2

it’s an engineering firm, they’re all shit jobs lol

Kinja'd!!! "MooseKnuckles" (andyschenk)
02/06/2017 at 21:13, STARS: 1

Yea no doubt, i see their perspective, and can’t say i wouldn’t do the same in there position. I just want to make sure if they owe me termination pay i get it and dont just walk away like a fool.

Kinja'd!!! "Biased Plies" (biased-plies)
02/06/2017 at 21:37, STARS: 2

Everything said by the commenter above is correct. It’s in their best interest to move on quickly.

They owe you two weeks severance pay, starting from the day of your notice, regardless of your actual last day, plus any un-used vacation time.

With an employer as large as yours, I suspect they’ll handle this professionally enough. It’s procedural for them at this point.

Good luck at your new workplace, enjoy your time off in between.

Kinja'd!!! "Thomas Donohue" (tomonomics)
02/06/2017 at 22:07, STARS: 1

They should give you the two weeks pay (even if they don’t want you to continue working), and pay you for your unused vacation time, assuming that is part of your contract/agreement.

It sounds like you work for ‘Louie B.’ - if so, none of what you say is shocking to me.

Kinja'd!!! "Frenchlicker" (frenchlicker)
02/06/2017 at 22:09, STARS: 0

Sounds like you’re lucky up there. Many places in Indiana that deal with clients and/or sensitive information may terminate you the day you inform them of leaving to go to a competitor. Hell, I used to work at a resort that worldly do this to meeting and event managers. They did not want them wooing clients to another resort.

Kinja'd!!! "OPPOsaurus WRX" (opposaurus)
02/06/2017 at 22:18, STARS: 0

I’ve had another company calling me the last couple days to join them. I’m meeting with them to see what they have to offer on wednesday

I dont think you are “fire” but maybe they just dont want you hanging around. You should ask them if you get the last couple weeks of pay or not.

Kinja'd!!! "Spoon II" (Spoon_II)
02/07/2017 at 00:27, STARS: 1

I have to agree with the comment above. Many companies would rather not risk the potential harm of a possibly angry/spying employee hanging around, so they cut their losses. I don’t think it’s in anyway illegal, but they will likely have to pay you out if it’s in your contract. Good luck with the new job! 

Kinja'd!!! "valsidalv, reminding you that infiniti is an option" (valsidalv)
02/07/2017 at 00:30, STARS: 1

Your employer can fire you whenever they feel like it, it doesn’t need to be in writing. You are correct in saying that you receive two week’s worth of pay so make sure that happens.

Kinja'd!!! "MooseKnuckles" (andyschenk)
02/07/2017 at 09:39, STARS: 0

I dont care if im fired in their eyes. I just want any termination pay I’m entitled to.

Kinja'd!!! "Frenchlicker" (frenchlicker)
02/07/2017 at 12:42, STARS: 0

That is completely understandable. I wish you the best.

Kinja'd!!! "MooseKnuckles" (andyschenk)
02/07/2017 at 13:37, STARS: 0

HR provided me with a “Acceptance of Resignation Letter”. Which said my final day would be tomorrow, my benefits end tomorrow, and which pay period my vacation days would be paid out.

I replied saying from my understanding of the ESA, I will be entitled to 2 weeks of wages because of the rapid dismissal. Can you confirm?

They got back to me a few hours later and yes, they confirmed I am in fact entitled to 2 weeks of wage, and my benefits remain for that time period.

7g