Work Issues

[CaptainCrunch]

Originally Posted by Notorious Honey Badger

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

I don't believe that it is in terms of employment law. Some companies do it as a courtesy.

But if you quit and give two weeks notice its in the companies court to accept it, and pay it if they don't.

And as far as it being a "firing" it isn't a firing, its still considered a resignation, as the resignation triggered the non acceptance of the two weeks notice.

[Senator Clay Davis]

Originally Posted by 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.

Then you are 100% entitled to severance. They have no grounds unless they can claim "fired with cause". So unless you have a bad history of incidents or write ups, they are simply looking to stiff you money thats yours.

To be clear, you are only owed money for the two more weeks you were going to work. No additional severance is available.

[CaptainCrunch]

Originally Posted by GP_Matt

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.

That's it exactly, a contract can't effectively keep you from making a living in your industry. Most compannies put it in as a intimidation clause. It also shields them from you stealing their clients or passing on confidential information.

[Hockeyguy15]

Originally Posted by 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.

Unless you have it written into your contract that you are entitled to $XXX for monthly and quarterly bonuses you most likely shouldn't expect to get those.

I believe all you are really entitled to is to be paid for the days you actually worked, your vacation pay you have not taken, the 2 weeks notice that you were going to provide them before your boss booted you.

Does the company have an HR department you can call and talk to? Your boss might be saying one thing, HR might have a different opinion.

[GP_Matt]

I would definitely talk to a lawyer about this. Bare minimum the lawyer will probably send the company a letter detailing that severance is required. It won't cost that much and would likely work.

It sure sounds like they fired you without cause and so you would be entitled to severance.

[Deviaant]

Originally Posted by Senator Clay Davis

Then you are 100% entitled to severance. They have no grounds unless they can claim "fired with cause". So unless you have a bad history of incidents or write ups, they are simply looking to stiff you money thats yours.

To be clear, you are only owed money for the two more weeks you were going to work. No additional severance is available.

Nope I was a perfect employee. Always at work a min 15 minutes early, always stayed late....I did swear at my boss once or twice though.

[Cecil Terwilliger]

Alberta employment standards website has a letter you can fill out and print off. It is an official complaint where you can detail how much you are owed and why.

If your employer doesn't respond you can then file a complaint directly through them.

[JiriHrdina]

Originally Posted by Notorious Honey Badger

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

Here's what Alberta Labor says:
You're required to give notice in writing. If you've been working between 3 months and 2 years, you should give one week's notice. For two years or more, you should give 2 weeks notice. If you don't give proper notice your boss can withhold everything owed to you for up to 10 days after you quit. If you give proper notice, whatever you're owed must be paid out within 3 days.

If an employer chooses to terminate employment after the employee submits a notice to terminate employment, the employer must pay the employee an amount at least equal to the wages for regular hours of work for the remainder of time set out in the quit notice. If the employees notice period is longer than what the employer is legally required to provide, the employer only has to pay regular wages for the time set out in the employer's required notice section.


So depending on how long you have been there will dictate what they have to give you. Learn something new every day.

[Senator Clay Davis]

Originally Posted by Deviaant

Nope I was a perfect employee. Always at work a min 15 minutes early, always stayed late....I did swear at my boss once or twice though.

Unless they have documented issues, to me this seems pretty simple for you. They owe you the last two weeks you planned on working as severance, and they won't even try and fight it if you threaten to go to the labour board.

[Deviaant]

Originally Posted by Hockeyguy15

Unless you have it written into your contract that you are entitled to $XXX for monthly and quarterly bonuses you most likely shouldn't expect to get those.

I believe all you are really entitled to is to be paid for the days you actually worked, your vacation pay you have not taken, the 2 weeks notice that you were going to provide them before your boss booted you.

Does the company have an HR department you can call and talk to? Your boss might be saying one thing, HR might have a different opinion.

Yes all bonuses are written into my contract. Our quarter end was up at the end of May so I do believe I should be entitled to the quarter bonus and my monthly bonus for May. I understand my not being entitled to any bonuses from June.

[CaptainCrunch]

One thing to check, because you were there for less then two years, and they in essents terminated you with cause (Going to work for a competitor with cause) your probably only entitled to 1 week of severance and not two. Two weeks is for ywo years to 4 years of employment.

I would be approaching labor standards with these questions.

[squiggs96]

Originally Posted by JiriHrdina

Here's what Alberta Labor says:
You're required to give notice in writing. If you've been working between 3 months and 2 years, you should give one week's notice. For two years or more, you should give 2 weeks notice. If you don't give proper notice your boss can withhold everything owed to you for up to 10 days after you quit. If you give proper notice, whatever you're owed must be paid out within 3 days.

If an employer chooses to terminate employment after the employee submits a notice to terminate employment, the employer must pay the employee an amount at least equal to the wages for regular hours of work for the remainder of time set out in the quit notice. If the employees notice period is longer than what the employer is legally required to provide, the employer only has to pay regular wages for the time set out in the employer's required notice section.


So depending on how long you have been there will dictate what they have to give you. Learn something new every day.

On this note, most people think two weeks is standard, no matter how short or long you've been working. It's used a lot in TV, movies, etc. and many people use it as a common term. Especially for newer employees, it's good for them to know they don't have to give two weeks, and only need to give one week if they are between the 3 month and 2 year period. In practice, it's always best to not burn bridges, as you never know when you'll see them again. It's different in each province, so it's worthwhile for people to look it up. Standard severance, in lieu of time worked, goes up with length of service. The maximum severance required by law in Alberta is 8 weeks.

In my contract if they terminate me at any time, without cause, I am granted four months' severance pay. If I give notice, I need to give a minimum of four weeks. The company has the option to reject this and pay me two weeks severance. This would be out of date now, as I've been with them long enough that it would increase.

[Deviaant]

I just want to make sure I get whats rightfully mine and if we were talking about $50 or so I would not care but I did not work at McDonalds so its a bit more than $50. I think Captain is right just to cover my arse a call to Labour Standards is in order.

Thanks for the help

[CaptainCrunch]

Originally Posted by squiggs96

On this note, most people think two weeks is standard, no matter how short or long you've been working. It's used a lot in TV, movies, etc. and many people use it as a common term. Especially for newer employees, it's good for them to know they don't have to give two weeks, and only need to give one week if they are between the 3 month and 2 year period. In practice, it's always best to not burn bridges, as you never know when you'll see them again. It's different in each province, so it's worthwhile for people to look it up. Standard severance, in lieu of time worked, goes up with length of service. The maximum severance required by law in Alberta is 8 weeks.

In my contract if they terminate me at any time, without cause, I am granted four months' severance pay. If I give notice, I need to give a minimum of four weeks. The company has the option to reject this and pay me two weeks severance. This would be out of date now, as I've been with them long enough that it would increase.

However if Sandra Bulloch gives you two weeks notice you're legally allowed to chain her in your basement for a period of no longer then 10 years.

Its the law.

[GP_Matt]

Something that goes with all this is that a company who lets you go without cause (layoff) can get around severance by providing you with notice instead.
It probably hurts morale, but a company can tell you that you will be let go in 8 weeks and they won't have to provide severance. They should provide you with time to go for interviews and such though.

[Regular_John]

Originally Posted by Deviaant

I just want to make sure I get whats rightfully mine and if we were talking about $50 or so I would not care but I did not work at McDonalds so its a bit more than $50. I think Captain is right just to cover my arse a call to Labour Standards is in order.

Thanks for the help

I've had a few dealings with Labour Standards over the years as an employee, the short version of events is this, nothing your employer writes into a contract can invalidate a labour law, and the labour board is there to protect employees, not the employer.

In most cases it's a matter of confirming the law with Labour Standards (a phone call will typically suffice) and pointing it out to your employer.

Employers are looking to save a dime wherever they can, and while I don't believe their looking to screw employees over as a result, it's more of them not being familiar with every labour law and thinking certain thinks are kosher when they are not.

But like I said, give Labour Standards a call, explain your situation and get a clear answer, then take that answer to your employer. You made a good faith effort to fulfill your obligation (two weeks notice, written notice etc), so they should do the same.

[albertGQ]

You should've verbally told them you were quitting as you handed them your letter of resignation.

I quit my job 3 months ago to go to the competitor. I didn't give anyone a heads up until I had my letter of resignation in hand ready to give my employer

They never walked me out though. I worked the 2 weeks

[FlamesAddiction]

Originally Posted by JiriHrdina

Here's what Alberta Labor says:
You're required to give notice in writing.

<snip>

If an employer chooses to terminate employment after the employee submits a notice to terminate employment, the employer must pay the employee an amount at least equal to the wages for regular hours of work for the remainder of time set out in the quit notice..

It sounds like his mistake was telling them informally about his decision before issuing an official quit notice with a time frame for leaving set out. Without something stated in writing, how can he prove that he gave 2 weeks notice? They can just say that he quit on the spot and therefore they walked him, and that the "2 weeks" was an afterthought decision on his part to get one more cheque.

He should have kept it on the low-down until it was official (in writing) even though what he did was "nicer". Unfortunately, nice doesn't get you anywhere when dealing with big companies.

[Larry MacDonald]

Originally Posted by JiriHrdina

Here's what Alberta Labor says:
You're required to give notice in writing. If you've been working between 3 months and 2 years, you should give one week's notice. For two years or more, you should give 2 weeks notice. If you don't give proper notice your boss can withhold everything owed to you for up to 10 days after you quit. If you give proper notice, whatever you're owed must be paid out within 3 days.

If an employer chooses to terminate employment after the employee submits a notice to terminate employment, the employer must pay the employee an amount at least equal to the wages for regular hours of work for the remainder of time set out in the quit notice. If the employees notice period is longer than what the employer is legally required to provide, the employer only has to pay regular wages for the time set out in the employer's required notice section.


So depending on how long you have been there will dictate what they have to give you. Learn something new every day.

Here's the pdf to back Jiri's research
http://www.employment.alberta.ca/doc...emp-Layoff.pdf

[Sliver]

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.

Could be wrong, but I doubt that clause would be enforceable.