Work Issues

[Deviaant]

So I accepted another job with a competitor. I told my boss about it just to be honest about things and so he could get his ducks in a row for when I left. I had told him I would put in my letter of resignation Monday, however last Friday they asked me to leave. No he is fighting me on 2 weeks severance pay.

Do any of you know if that he is in the right?

[Hockeyguy15]

They are within their right to let you go early, but I am not so sure they can hold back your pay.

Do you owe them for some sort of deduction or possibly took too much vacation?

[GGG]

As far as I know he has to pay you for the two weeks whether or not you work them.

[CaptainCrunch]

How long have you been there for.

When you effectively resigned did you offer them the two weeks verbally and did you follow it up with any kind of confirmation.

[calumniate]

nm

[Senator Clay Davis]

They owe you the severance unless they are firing you "with cause". And if their cause is you leaving, that doesn't count. They might try and claim job abandonment but obviously if you were going to give two weeks notice that doesn't count as abandonment.

[Hockeyguy15]

Originally Posted by calumniate

A lot of employers do that. Just enjoy it. He probably has his own policy of 'don't let someone who'se leaving bad mouth the company / give them any time to gather sensitive information, etc.'

Therefore I'm assuming you don't work at Macdonalds. They would have you work the two weeks to be sure.

Except they are not paying him for the 2 weeks.

[Rerun]

2 weeks serverence pay? I may be wrong here, but I don't think someone is entitled to severence pay if they quit their job... other than politicians of course...


... never mind... did'nt read the OP fully. Yes if you gave 2 weeks notice and they told you to leave immediately, they have to pay you for the 2 weeks you would have worked.

[Frank MetaMusil]

What does it say in your offer letter? How long have you been employed with the company? I'd think they still owe you the 2 weeks pay even if they don't want you to continue working, as it's technically termination without just cause.

http://www.employment.alberta.ca/doc...emp-Layoff.pdf

[Hockeyguy15]

Originally Posted by Rerun

2 weeks serverence pay? I may be wrong here, but I don't think someone is entitled to severence pay if they quit their job... other than politicians of course...

I wouldn't call it severance, it's just 2 weeks notice before you leave. He would be getting paid those 2 weeks since he would have worked, but some employers tell you to just stay home and pay you out for the 2 weeks.

Basically it is usually if you are in a job where you can screw over the company some how they would rather pay you to stay home than run that risk.

[Tiger]

If you been there long enough (based on alberta labour laws), if they kick you out they have to give you the money for the amount of notice you gave them. I knew people a hile back that would give 4 weeks notice just to get kicked out and paid for that.

[CaptainCrunch]

I think in the case of your resignation your owed back pay, cacation and commissions if applicable but its up to the employer on whether or not they accept your two weeks notice and pay them or not.

Its different if your terminated, but in the case of resigning if they walk you they don't have to pay you for notice.

some companies do it as a courtesy.

Since your going to a competitor they got you out of there.

[pylon]

Did you sign a contract with an anti-competition agreement in it?

In my contract I cannot go to work for a direct competitor for 12 months if I resign. If I am fired I can do what I want.

[Notorious Honey Badger]

Originally Posted by Tiger

If you been there long enough (based on alberta labour laws), if they kick you out they have to give you the money for the amount of notice you gave them. I knew people a hile back that would give 4 weeks notice just to get kicked out and paid for that.

a h-while back you say?

[CaptainCrunch]

Originally Posted by Tiger

If you been there long enough (based on alberta labour laws), if they kick you out they have to give you the money for the amount of notice you gave them. I knew people a hile back that would give 4 weeks notice just to get kicked out and paid for that.

Thats only applicable after 4 to 6 years of service though.

[JiriHrdina]

Yeah if you quit your job you aren't entitled to severance. Which makes sense, why should an employer be obligated to pay someone those last 2 weeks when they very well could just f the d for the entire time.

Any back-pay and accrued vacation pay is all yours.

[Notorious Honey Badger]

Originally Posted by JiriHrdina

Yeah if you quit your job you aren't entitled to severance. Which makes sense, why should an employer be obligated to pay someone those last 2 weeks when they very well could just f the d for the entire time.

Any back-pay and accrued vacation pay is all yours.

If you provide 2 weeks notice and they tell you to leave, severance is exactly what you're entitled too jiri.

[Deviaant]

I have been with the company 1.5 years. The buggers even moved me to Edmonton (thankfully my new job is back home in Calgary)

Yeah I understand why they walked me to the door, I am going to work for the "other guys" after all. He is just saying he does not owe me 2 weeks severance as I "quit". Reality is I told him id be putting my resignation letter in on the Monday but he pulled the trigger Friday so I guess technically I was fired. I was just trying to be nice as I have no resentment to my old company and I wanted them to be able to start making some decisions about how to proceede.

No I have not taken any vacation at all in the 1.5 years I was employed there. So I believe I am entitled to the previous 2 weeks pay, my 2 weeks severance pay, my vacation pay and all of my monthly and quarterly bonuses.

[CaptainCrunch]

Originally Posted by pylon

Did you sign a contract with an anti-competition agreement in it?

In my contract I cannot go to work for a direct competitor for 12 months if I resign. If I am fired I can do what I want.

You can walk through that pretty easily if you wanted to challenge it though.

[GP_Matt]

Originally Posted by pylon

Did you sign a contract with an anti-competition agreement in it?

In my contract I cannot go to work for a direct competitor for 12 months if I resign. If I am fired I can do what I want.

I can't imagine they could enforce that contract in court. My contract states that I can't work with any of my existing clients for a year after I leave, but I am pretty sure telling me that I can't work in the industry wouldn't hold up. They are effectively saying that if you leave you have to be unemployed for a year.