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Old 06-11-2012, 04:04 PM   #41
Deviaant
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Originally Posted by FlamesAddiction View Post
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 even though what he did was "nicer". Unfortunately, nice doesn't get you anywhere when dealing with big companies.

Yeah I should have just kept my mouth shut.
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Old 06-11-2012, 04:05 PM   #42
BlackArcher101
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Could be wrong, but I doubt that clause would be enforceable.
It isn't, you can't restrict someones ability to find employment. Companies use it as a scare tactic, it's worth a shot.

As for the OP, this is iffy. In my mind, they owe you 1 week pay (in lieu of notice, NOT severance). Severance pay to me is anything over and above the minimums designated by alberta labor standards.

I look at it like this. If you even gave 3 or 4 weeks notice, they may be afraid of you taking confidential information during that period. So they walk you to the door immediately. However, giving 3-4 weeks notice would be a good gesture, but not required, so they would still only owe you the 1 week pay. Even if you didn't give notice, the employer can dismiss you (without cause) as long as they pay the amount "in-lieu" of notice. (Since you technically didn't give notice, this may be the case).
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Old 06-11-2012, 04:06 PM   #43
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I once was told at a part-time job, after management was switched up, that I didn't need to come back for my shifts for the next two weeks because they didn't need me any more.

I promptly called the labour board, and sure enough, they said the company needed a reason for termination. They didn't have one. I called back the new manager and told him I talked to the labour board, and you're entitiled to give me my pay for the next two weeks if you're going to terminate me without cause.

That scared them straight, and rightfully so. They offered to give me my pay for two weeks. I never collected it (it wasn't much), I just wanted to scare the begeezus out of them for improper termination procedures.
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Old 06-11-2012, 04:15 PM   #44
4X4
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Yeah I should have just kept my mouth shut.
Live and learn. I'm glad I read this thread so that I don't make the same mistake at some point.
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