Rant : I had an employee quit on me today without giving any notice. Can he do that?

[atomic fire]

What are the labour laws in regards to quitting a job? I had a employee today that just quit on my out of the blue without giving me any notice what so ever. I'm now short staff and I'm unable to have my team reach their Service Level Agreements. Doesn't he have to give me two weeks notice? I'm so irrate right now you don't even understand.

[Degenerate]

If the guy quit on you out of the blue then there is probably something about the job that he didn't like. As for giving you notice. If you were to fire him you wouldn't have given him 2 weeks notice either so shut the hell up.

[shaker]

The better question is why did the employee walk out on you?

[B40]

2 weeks notice maybe if they wanted to seem professional and wanted to use you as a reference later on, but from what you're saying, it seems like the job is some type of service/CSR job and not a corporate job where the employee is not likely to care.

What can you do now that he's decided to quit without giving you 2 weeks notice? Nothing...why aren't you out looking for a new employee asap instead of b1tching about it here?

[atomic fire]

If the guy quit on you out of the blue then there is probably something about the job that he didn't like. As for giving you notice. If you were to fire him you wouldn't have given him 2 weeks notice either so shut the hell up.
I work in a very professional environment where I make sure my employees are always happy with their job. I think it's only fair that he gives me notice prior to leaving so I can fill his position. Now I'm sitting here screwed due to lack of man power. If I were to fire someone I fire them on the spot I don't have to give any notice.

[danfromwaterloo]

What are the labour laws in regards to quitting a job? I had a employee today that just quit on my out of the blue without giving me any notice what so ever. I'm now short staff and I'm unable to have my team reach their Service Level Agreements. Doesn't he have to give me two weeks notice? I'm so irrate right now you don't even understand.

Where are you located, and what did this guy do for a job? Maybe someone on RFD would be willing to fill in :)

[steve.m]

I thought within the first 3 months of your job your boss can fire you outright without notice. So in all fairness if the employee was not working there for 3 months he/she can quit anytime without notice.

Also after 3 months, the boss hass to give 2-3 verbal/written warnings before they can fire you because of little mistakes? Is that true?

[B40]

I work in a very professional environment

If I were to fire someone I fire them on the spot I don't have to give any notice.

:|

So why aren't you out there working if you can't meet SLA's?

[Degenerate]

Now I'm sitting here screwed due to lack of man power. If I were to fire someone I fire them on the spot I don't have to give any notice.
It should go both ways. If you want 2 weeks notice so you can fill his position it's only fair that you give someone 2 weeks notice prior to firing them so they can fill their free time with a new job. I'm glad the guy walked out on you cuz you sound like an assclown.

[steve.m]

unless the employee accidentally burnt the company down (not speaking from experience :cheesygri ). It is cold to fire someone on the spot then want 2 weeks notice if they want to quit.


so the employee said
http://eur.i1.yimg.com/eur.yimg.com/i/es/mu/carte4.jpg

[Headhunter]

Depends on the job; more details would help.

[Fightguard]

2 weeks notice is more of a professional courtesy, rather than a hard and fast rule...
unless it's stated in the employee's contract that they must give notice for voluntary resignations.
again, this depends on the type of job.

[B40]

Depends on the job; more details would help.

I'm remember atomic fire saying something about owning a restaurant...can't remember exactly though, so I may be wrong or this may be a different business.

[atomic fire]

I'm remember atomic fire saying something about owning a restaurant...can't remember exactly though, so I may be wrong or this may be a different business.
Yes you are correct I do own a restaurant but this is my day time job I'm referring to.

[Headhunter]

Yes you are correct I do own a restaurant but this is my day time job I'm referring to.
Alrighty, would you care to reveal where you work, what your position is, and what the ex-employee did/his reason if any for leaving?

[Ngo_35]

if the employee was a student or just a young gun, you must have pissed him off or the job really sucked. ie over worked and under paid. And no there is no law which states you need 2 weeks notice. Be sure to give him a good reference :D

[terribly]

Being fired and quitting on the spot are two completely different things.

If you get fired, usually you're being a moron in some way. Usually management has told you this at least once and tried to fix it.

Someone up and quitting, without giving notice or attempting to fix a problem is rude and asinine.

[d_jedi]

I'm not sure if there's legally anything wrong with an employee quitting without giving notice.. but professionally, there is. When his future potential employers call you to give a reference, be sure to mention his unprofessionalism.

[atomic fire]

Alrighty, would you care to reveal where you work, what your position is, and what the ex-employee did/his reason if any for leaving?
I work for a telecommunications company and I'm the team lead for our desktop support team. He called yesterday after hours leaving a voice message telling me that he won't be coming in anymore. Didn't leave any specific reason for leaving.

[Roninvancouver]

What are the labour laws in regards to quitting a job? I had a employee today that just quit on my out of the blue without giving me any notice what so ever. I'm now short staff and I'm unable to have my team reach their Service Level Agreements. Doesn't he have to give me two weeks notice? I'm so irrate right now you don't even understand.

http://forums.redflagdeals.com/search.php?searchid=949477

maybe it was your issues with crossdressing:

Just curious. Would a workplace prevent a man from cross dressing? For instance could a man ever walk into his workplace wearing a skirt showing his legs with lipstick and painted finger nails?

With Canada being a free country I don't see how a workplace could ever prevent someone from doing so even though some may deem it to be inappropriate.

or maybe your mom's homophobia

I came home on Sunday night and I found my mom staring at me and looking annoyed. I smelled her cooking and asked what she cooked and she responded by saying, "I didn't make any food for you!" She seemed very pissed so I decide to go downstairs to avoid her. When I was just about to leave she asked me if I bought a new game. I had no clue what she was talking about, so I said no. "You sure? " she said, "nothing Male to Male?" I was very confused and disturbed by this question because my mom seemed to be accusing me of being gay. I said no again and she told me she found a box that said male to male on it. I stood there and thought for a minute and then I realized what she was talking about. I ran downstairs and showed her what she looked at: It was the box for my male-to-male s-video cord. My mom thought I was gay because I bought an s-video cord

or that pesky gay coworker AGAIN:

I work in a large insurance firm and we have several homosexuals working there. Now there's nothing wrong with being gay. Just today a couple of them were standing by the water cooler just talking. I noticed that one of them today was wearing these flashy fitted pants. They looked really odd to me so I was staring at them for a couple of seconds. I looked up and the guy was looking at me and smiled, not a regular smile but it's one of those smiles only a gay person can do. I don't know what cause me to do this but I smiled back in return! Just a regular smile!!!! Am I just so nice of a person that I really had to smile back at him? Later on during the day I was walking down the hallway and low and behold he was walking the opposite direction and again he smiled at me! This time I didn't smile back.

What am I suppose to do??

or...geeze atomic fire you sure have a lot issues at work

You know there's a saying around the workforce that every employee is replacible. I believe this true in most aspects but it's also false for some people. There are people in my work environment in which some hold so much responsibility that I don't believe they could be replaced without having a heavy impact on the company. Who here agrees with me? Anyone able to back up my topic??

this one is funny and demonstrates how you seem to have the same issue OVER AND OVER

Just incase this does happen one day. So I walk into work today and my manager calls me into his office and relieves me of my duties. They have a legitimate reason to because I'm a total slacker. They take away my security badge then escort me out of the building. So now I'm officially no longer an employee of the company.




...maybe you should try trolling RFD forums less (or quit posting ******** pointless and unimaginative posts) and just focus on your work?

[danfromwaterloo]

In all fairness, why don't you post what the job entails...RFD people need jobs it seems...you might be able to hook a RFD brother up...

[wanna_be]

Firing someone on the spot happens all the time guys. The 2 weeks notice you refer to is 2 weeks pay!

Why would you fire someone for a valid reason (what you think is a valid reason anyway) and expect them to stay around for 2 weeks.

They may corrupt the rest of your employees, causing a bad work environment, they may sabotage, equipment, paperwork etc. Do you think they would put in a good effort. Granted there are many many people that would not do any of these things but would you be willing to take the chance.

You tell them to leave right then and there, in some places they are escorted to the work area asked to clean out personal stuff and then escorted out. They are given 2 weeks pay or more and this gives them time to look for a LAWYER, or another job without missing any pay.

If you have ever been fired you know the gambit of emotions that are going on. It is best to get out of there before you do or say anything you may regret latter.

[Roninvancouver]

In all fairness, why don't you post what the job entails...RFD people need jobs it seems...you might be able to hook a RFD brother up...

dan...uhmm respectfully...he's making the shite up. Just look at his threads.

[Twism]

hahah. yeah i think he left cuz you didnt smile back in the hallway. His newly developed feelings for you were crushed.

[wanna_be]

I work for a telecommunications company and I'm the team lead for our desktop support team. He called yesterday after hours leaving a voice message telling me that he won't be coming in anymore. Didn't leave any specific reason for leaving.

Most good companies would ask someone like this to give them an exit interview to find out the reason why.

was it a better offer?
was it the pay?
was it the working conditions?
was it because of harrasment from either superior or a co-worker.

someone in HR should try and find out, it may help is stopping others from doing the same thing

[north77]

In all fairness, why don't you post what the job entails...RFD people need jobs it seems...you might be able to hook a RFD brother up...

Yah! I agree with Dan!



dan...uhmm respectfully...he's making the shite up. Just look at his threads

Rats! Come on atomic fire... spill it
i.e. the 'truth.' :lol:

[Degenerate]

Firing someones doesn't require 2 weeks notice so quitting shouldn't require crap. Many cases firing someone isn't justified it's just the powers that be being power hungry.

I worked at Bell Canada for over 3 years and many cases this would happen. They bring in contractors for 3 months. After the 3 months are up they decide to keep the contractors aboard with monthly contracts where they can end their agreement with you at any time. Many times I've seen them bring a group of contractors into a boardroom and tell them to clean up their stuff and their services will be no longer required officially tomorrow. This was due to money cut-backs.

Where was the 2 weeks notice for these guys? They weren't given any notice either so no notice should be required either if you want to quit on your employer. Is it professional, no. However lots of businesses are unprofessional.

[Roninvancouver]

LOL yeah - how does some go from a selfconfessed atomic fire: "A TOTAL SLACKER" to someone who can have employees quit on him during the course of his stories..er uhmmm...threads to us at RFD?

http://users.pandora.be/ramones/emoticon/knocksense.gif

[atomic fire]

Rats! Come on atomic fire... spill it
i.e. the 'truth.' :lol:
We don't post our positions. We use several specific headhunters to do our recruiting. That's my team was assembled.

[gman]

Firing someone on the spot happens all the time guys. The 2 weeks notice you refer to is 2 weeks pay!


Firing someone means he did something wrong and perhaps illegal. In this case, you don't need to pay him anything. Layoff or terminate a person who did nothing on the spot, you need to give him minimum 2 weeks notice or 2 weeks pays (after he worked for you for 3 months).


Why would you fire someone for a valid reason (what you think is a valid reason anyway) and expect them to stay around for 2 weeks.


To stall him. Happens all the time. If you know he is going to your competitor, you can keep him in the company for 2 weeks. He does not need to work and you can send him to an empty room. My ex-colleague was send to a hotel room for 2 weeks doing nothing after he resigned. If you decide to give up the 2 weeks pay, of course, you still can walk away.

As of this particular case, keeping or forcing him in the office does not help because he probably won't do his job regardless.

[B40]

I'm now short staff and I'm unable to have my team reach their Service Level Agreements.

Yet you've been here for almost an hour posting in this thread :|

[Roninvancouver]

We don't post our positions. We use several specific headhunters to do our recruiting. That's my team was assembled.

well if you take a look at your past threads you lie...err.. contradict yourself...

http://users.pandora.be/ramones/emoticon/********.gif

http://img202.exs.cx/img202/3184/********ee.jpg

[Blunt]

Great post Roninvancouver...!
I love it when people pull up people's past postings... :razz:

[wanna_be]

there is a differance here though

under contract when the term is up the contract is done. They are not being fired, contract is just not being renewed

as for giving you employer 2 weeks notice or more, plain and simple you dont have to, it is just a courtesy, unless you have it spelled out in a contract. But they do not have to give you a letter of recomendation either.

[Degenerate]

Why would you fire someone for a valid reason (what you think is a valid reason anyway) and expect them to stay around for 2 weeks.

The same can go for someone wanting to quit with a valid reason. I want to quit and you expect me to stay around for 2 weeks.

[gman]

Firing someones doesn't require 2 weeks notice so quitting shouldn't require crap. Many cases firing someone isn't justified it's just the powers that be being power hungry.

I worked at Bell Canada for over 3 years and many cases this would happen. They bring in contractors for 3 months. After the 3 months are up they decide to keep the contractors aboard with monthly contracts where they can end their agreement with you at any time. Many times I've seen them bring a group of contractors into a boardroom and tell them to clean up their stuff and their services will be no longer required officially tomorrow. This was due to money cut-backs.

Where was the 2 weeks notice for these guys? They weren't given any notice either so no notice should be required either if you want to quit on your employer. Is it professional, no. However lots of businesses are unprofessional.


Contractors != employee. Contractors are self-employed entities. Bell Canada is not their employer either.

[wanna_be]

Yet you've been here for almost an hour posting in this thread :|

Excellent point, maybe a call to manpower or some other temp agency may be the first priority

[wanna_be]

The same can go for someone wanting to quit with a valid reason. Why would I want to quit and you expect me to say around for 2 weeks.

Agreed same thing can happen, I could cause problems to the work flow, why would you want me to stick around and stick it to you.


This is one hot topic

[llcooljayce]

When you hired this employee ... did you sign a contract saying you 'owned' this employee?

I'm guessing no

So unless you live in 1942 and you have a strong Southern drawl ... you have no right to even ASSUME that he should give you two weeks notice.

What if his dad had cancer or his best friend committed suicide? Ever think of that? Who are you to get pissed about not being able to control someone's life?

[gman]

Agreed same thing can happen, I could cause problems to the work flow, why would you want me to stick around and stick it to you.

Good reference for the future.

[MTL-TechY]

I work in a very professional environment where I make sure my employees are always happy with their job. I think it's only fair that he gives me notice prior to leaving so I can fill his position. Now I'm sitting here screwed due to lack of man power. If I were to fire someone I fire them on the spot I don't have to give any notice.

instead of sittiong down, laughing at other employees who give their blood and sweet for the job, get up and work 110% and karma will be good to you. I also like what degenerate said : shut the hell up.

by the way this makes me wanna revisit my theory that atomic fire = jazzhound = viper6 = mr.ken, who still is missing 1 post at 9,999, either way they all have the same bs in their threads, mr.moe(another rdf'er can support this statement)

[Degenerate]

there is a differance here though

under contract when the term is up the contract is done. They are not being fired, contract is just not being renewed

as for giving you employer 2 weeks notice or more, plain and simple you dont have to, it is just a courtesy, unless you have it spelled out in a contract. But they do not have to give you a letter of recomendation either.
The situation I was referring to they're contracts were renewed upon the initially expiration. They were renewed with different stipulations saying that they can brake the contract at any time.

Contractors != employee. Contractors are self-employed entities. Bell Canada is not their employer either.
Bell Canada is their client. Bell Canada pays CGI for instance and CGI pays their employee whom is the contractor. The employer and employee relationship is still there.

[old_old_7]

I work for a telecommunications company and I'm the team lead for our desktop support team. He called yesterday after hours leaving a voice message telling me that he won't be coming in anymore. Didn't leave any specific reason for leaving.
I guess he did what he have to do since he called you, he don't have to tell any one the reason of leaveing. Yes , anyone can quit at any time without 2 weeks notice ,same as the company fire a guy on the spot, unless they have contract.
As a leader of a group , I will call the worker, or find detail from other worker to know why this happen, how to prevent it happen again.
Why not give him a call and ask what can you to make him stay first,and ask the reason to quit later.

[gman]

Bell Canada is their client. Bell Canada pays CGI for instance and CGI pays their employee whom is the contractor. The employer and employee relationship is still there.

First, I am not sure CGI and the contractors are employer and employee relationship. Even if it is, the relationship between Bell and the contractors is still not employer and employee.

[Kazaam]

Dude, none of your stories make much sense

first you're some slacker guy who gets fired. And then your mom (Im guessing your young enough to live at home) thinks your gay. Then you work at another place with gay people. Then you own a restaurant and a telecom company.

Dude, quit making up BS jobs.

[Ben Jr]

haha nice


http://forums.redflagdeals.com/search.php?searchid=949477

maybe it was your issues with crossdressing:



or maybe your mom's homophobia



or that pesky gay coworker AGAIN:



or...geeze atomic fire you sure have a lot issues at work



this one is funny and demonstrates how you seem to have the same issue OVER AND OVER




...maybe you should try trolling RFD forums less (or quit posting ******** pointless and unimaginative posts) and just focus on your work?

[squall458]

http://forums.redflagdeals.com/search.php?searchid=949477

maybe it was your issues with crossdressing:



or maybe your mom's homophobia



or that pesky gay coworker AGAIN:



or...geeze atomic fire you sure have a lot issues at work



this one is funny and demonstrates how you seem to have the same issue OVER AND OVER




...maybe you should try trolling RFD forums less (or quit posting ******** pointless and unimaginative posts) and just focus on your work?


you really did your homework!

[Roninvancouver]

Why not give him a call and ask what can you to make him stay first,and ask the reason to quit later.

Because atomic fire's lie of a thread would come crashing down. His pet unicorn and hobbit would escape through the secret hatch in his castle. :lol:

http://img7.exs.cx/img7/5214/Fantasy1.jpg

[gman]

Yes , anyone can quit at any time without 2 weeks notice ,same as the company fire a guy on the spot, unless they have contract.


No, it is not the same as the company. By law, you have to give 2 weeks written notice or pay.


http://www.canlii.org/ca/sta/l-2/sec230.html

[UrbanPoet]

u dont gotta say **** if you wanna quit.

he could even quit by saying "faakk offf bitchessss"

[Lonely Soldier Boy]

FACT: You underpaid and were probably a jerk, like all bosses. DEAL.

:evil:

[thrifty1]

Because atomic fire's lie of a thread would come crashing down. His pet unicorn and hobbit would escape through the secret hatch in his castle. :lol:

http://img7.exs.cx/img7/5214/Fantasy1.jpg


have to build some bigger bridges...eh?

[Degenerate]

First, I am not sure CGI and the contractors are employer and employee relationship. Even if it is, the relationship between Bell and the contractors is still not employer and employee.
CGI employs it's workers and then CGI would then find a placement for them with one of their clients. Wherever the placement maybe could be a full time position (ie Bell Canada) or a contractual position. Both cases CGI send Bell Canada their invoice and CGI pays the employee.

Yes Bell and the contractor is no an employer/employee relationship. The employer and employee relationship is CGI with the individual.

[gman]

CGI employs it's workers and then CGI would then find a placement for them with one of their clients. Wherever the placement maybe could be a full time position (ie Bell Canada) or a contractual position. Both cases CGI send Bell Canada their invoice and CGI pays the employee.

Yes Bell and the contractor is no an employer/employee relationship but Bell and CGI is an employer/employee relationship.

Bell and CGI is not employer/employee relationship. As you said, CGI send Bell an invoice. This is a business relationship. If CGI employs these workers, CGI still needs to give these workers 2 week notice by law. If there is no 2 weeks notice for these workers, it is NOT employer/employee relationship between CGI and these people. I bet these workers are all self-employed as a single person company.

[old_old_7]

After all those good "suggestions" here, I would like to know what are you going to do, as a team leader.

[Degenerate]

Bell and CGI is not employer/employee relationship. As you said, CGI send Bell an invoice. This is a business relationship. If CGI employs these workers, CGI still needs to give these workers 2 week notice by law. If there is no 2 weeks notice for these workers, it is NOT employer/employee relationship between CGI and these people. I bet these workers are all self-employed as a single person company.
The relationship between CGI and the worker is an employee and employer relationship. I was never a contractor or a single person company. I was a fulltime employee paid on a salary basis. My employer written on my T4 was always CGI.

[gman]

The relationship between CGI and the worker is an employee and employer relationship. I was never a contractor or a single person company. I was a fulltime employee paid on a salary basis. My employer written on my T4 was always CGI.

In this case, they (CGI) cannot terminate you without 2 week written notice or pay.

[MTL-TechY]

Dude, none of your stories make much sense

first you're some slacker guy who gets fired. And then your mom (Im guessing your young enough to live at home) thinks your gay. Then you work at another place with gay people. Then you own a restaurant and a telecom company.

Dude, quit making up BS jobs.

i also thought you live with mom, i guess with kazaam, my suspissions are right
ha ha ha

[eliteblaze]

lol in the words of joey crack "this dude is a joke".

[Degenerate]

On the topic of references. I was taking a business writing class lastnight and this one dude brought up this one point that I don't know if it's true or not. He said that by law an employer cannot give you a bad reference. I think it's a load of crock that makes no sense what so ever. Is it true?

Another point he brought up was that he's a contractor for IBM. He mentioned that there are some companies out there that just will not give references. He said that IBM was one of these companies that tell you not to use them as a reference because they will not refer you. A letter of recommendation on the other hand they will write you one.

Any truth to these matters?

[itchy]

yep it's true, by law a former employer can not give you a bad reference.. they can't outright say do not hire this person.

they can only give the reason why they terminated you, if asked.

[gman]

On the topic of references. I was taking a business writing class lastnight and this one dude brought up this one point that I don't know if it's true or not. He said that by law an employer cannot give you a bad reference. I think it's a load of crock that makes no sense what so ever. Is it true?


Never heard such law. However, if what you said is not truth or have nothing to back it up, you may be in trouble. You probably can't say "I suspect he stole stuff from my store" without a strong proof about it.


Another point he brought up was that he's a contractor for IBM. He mentioned that there are some companies out there that just will not give references. He said that IBM was one of these companies that tell you not to use them as a reference because they will not refer you. A letter of recommendation on the other hand they will write you one.

Any truth to these matters?

Usually, reference is not given out by company but by an individual such as your ex-manager. I think for privacy reason, the HR department won't open your file and tell a 'stranger' everything about you.

[Degenerate]

Usually, reference is not given out by company but by an individual such as your ex-manager. I think for privacy reason, the HR department won't open your file and tell a 'stranger' everything about you.
I understand that but this guy said that "IBM does not give out references". He went on to say that he was told not to use IBM as a reference for future job references.

I never understood this guy since day 1. He never shuts up in class and it always seems like he's talking out of his anus.

[TrEvOrLiCioUs]

Im surprised no one here as taken any law courses.


Termination

Ways an employment relationship comes to an end:
Fired/Dismissal
Constructive Dismissal
Wrongful dismissal
Quit – Resignation
Others include
o Layoff… Not quite fired but not quite quitting either – law does not consider employment relationship to end…
o Retire…

Resignation – the free voluntary decision of the employee to terminate the employment relationship

Obligation
- Do you have to give advance warning?
o Notice… I want to stop work…?
o Ontario law does not require you give advance notice… However under your contract, you might have signed that you have to give advance notice. You can quit right now. This instant (unless it’s in your contract).

The only time you can fire someone on the spot is for Just Cause.
There are grounds for firing someone on the spot and if they are not justified, they can take you to court.

Dismissal for Just Case

When an employee engages in conduct that is a breach, or incompatible with, their fundamental obligations under the employment relationship, the employer may misdiss them without notice or compensation.

An employer has to compensate an employee if they are firing them for anything other than Just Cause(except during probation period). I Can't remember exactly but i think its 1 week if wokring 3 mth - <1yr, 2 weeks for 2-3yrs, 3 weeks for 3-4 years, etc upto 8 weeks.

This compensation is either in the form of advance notice or payment in absent of notice, or a combination.

When working for long periods in a company you are also entitled to other things like Severance pay.

I didn't read thru every post, but i didn't see anyone post anything like this

[Darryl]

Im surprised no one here as taken any law courses.


Termination

Ways an employment relationship comes to an end:
Fired/Dismissal
Constructive Dismissal
Wrongful dismissal
Quit – Resignation
Others include
o Layoff… Not quite fired but not quite quitting either – law does not consider employment relationship to end…
o Retire…

Resignation – the free voluntary decision of the employee to terminate the employment relationship

Obligation
- Do you have to give advance warning?
o Notice… I want to stop work…?
o Ontario law does not require you give advance notice… However under your contract, you might have signed that you have to give advance notice. You can quit right now. This instant (unless it’s in your contract).

The only time you can fire someone on the spot is for Just Cause.
There are grounds for firing someone on the spot and if they are not justified, they can take you to court.

Dismissal for Just Case

When an employee engages in conduct that is a breach, or incompatible with, their fundamental obligations under the employment relationship, the employer may misdiss them without notice or compensation.

An employer has to compensate an employee if they are firing them for anything other than Just Cause(except during probation period). I Can't remember exactly but i think its 1 week if wokring 3 mth - <1yr, 2 weeks for 2-3yrs, 3 weeks for 3-4 years, etc upto 8 weeks.

This compensation is either in the form of advance notice or payment in absent of notice, or a combination.

When working for long periods in a company you are also entitled to other things like Severance pay.

I didn't read thru every post, but i didn't see anyone post anything like this

I think we have an answer.

I'm not saying I don't believe this, but to make it more credible, can you post where you got this information? (website, book with author/publisher, etc)

[TrEvOrLiCioUs]

One more thing I found very interesting when I took this course.

Employers Obligation:
When dismissing an employee, the employer has to be honest, forthright, candid, and reasonable.

When they are firing you they have to give you the exact reason, Wish I knew this because I was once told i was "let go" because things were slow. Then next thing I heard the managers son was hired to take my place!

[UrbanPoet]

nicee your short one employee... can i fill the position? lolz
ill promise you that if i quit, ill give you 2 weeks notice.

[Txiasaeia]

I think it'd be pretty easy to get around the whole "Can't give out bad references." If an employeee of mine (hypothetically speaking) used me as a reference and he was a terrible employee, I'd say to the prospective employer, "I can only give out positive references." Stop at that. I think they'd get the picture, and you wouldn't actually be *saying* anything.

[siriuskao]

I'm not sure if there's legally anything wrong with an employee quitting without giving notice.. but professionally, there is. When his future potential employers call you to give a reference, be sure to mention his unprofessionalism.

Obviously the ex-employee won't be dumb enough to put pissed-off old supervisor as a reference. Even if there're some law that prevent old employer from giving you a bad reference.

[gman]

Obviously the ex-employee won't be dumb enough to put pissed-off old supervisor as a reference.

Usually, it is not about the reference he chooses to write down. It is about the pissed-off company is written in his resume. A smart recruiter can always confirm he indeed worked in that company and check out his history.

Of course, he can put a 'hole' in his resume but usually it is bad too.

[Montague]

Usually, it is not about the reference he chooses to write down. It is about the pissed-off company is written in his resume. A smart recruiter can always confirm he indeed worked in that company and check out his history.

Of course, he can put a 'hole' in his resume but usually it is bad too.
Somehow I suspect that the person quit ALREADY has a job lined up.

People generally quit because of two reasons.

Either the job is so sh*tty that cannot stand working there another minute or the person already accepted employment elsewhere.

[Ojam]

References do not have to be good, and is one of the only forms of writing that you can not be sued for libel under, because if there was a chance that you could be sued for libel, then nobody would be giving out references would they.

As for employment contracts, for firing somebody, I don't believe it has to be a set 2 weeks, it can simply be a reasonable amount of time depending on how long you have employed the person, 2 weeks is a good rule of thumb though. As been mentioned it does not have to be 2 weeks of work, it could simply be 2 weeks of the pay the employee would have gotten for that time, or some combination of the two. An exception to this rule is termination for Just Cause. For resignation the employer must accept the resignation, and until they do the employee can withdraw their resignation at anytime and go back to work, this can lead to problems. If there was some sort of contract between the employee and the employer and it was breached then appropriate actions can be taken, such as suing for damages but just like any other contract, employment contracts can be frustrated as well.

[siriuskao]

Usually, it is not about the reference he chooses to write down. It is about the pissed-off company is written in his resume. A smart recruiter can always confirm he indeed worked in that company and check out his history.

Of course, he can put a 'hole' in his resume but usually it is bad too.

True, I guess it depends on how long he worked there and job type (sounds like a call centre)

[TrEvOrLiCioUs]

I think we have an answer.

I'm not saying I don't believe this, but to make it more credible, can you post where you got this information? (website, book with author/publisher, etc)

Ontario Labour Guide 2004. (Book)

So unless there was major changes in 2005, which i doubt.
I could post the sections they are from, but im too lazy and that requires work.

[WiZZLa]

Rant : I had an employee quit on me today without giving any notice. Can he do that?

He can and he did.http://www.frostjedi.com/terra/scripts/graemlin/0...PWNT.png http://www.briskoda.net/forums/images/smilies/owned.gif

[Degenerate]

He can and he did.http://www.frostjedi.com/terra/scripts/graemlin/0...PWNT.png http://www.briskoda.net/forums/images/smilies/owned.gif
:lol:

[d_jedi]

Another point he brought up was that he's a contractor for IBM. He mentioned that there are some companies out there that just will not give references. He said that IBM was one of these companies that tell you not to use them as a reference because they will not refer you. A letter of recommendation on the other hand they will write you one.

Any truth to these matters?

A company that I used to work for did things the same way. The reason being (apparently, according to my supervisor) that they don't want your ability to get a job in the future ruined by poor work at that company.. they weren't even allowed to write a reference letter for me.

[beemer2005]

The term for what he did is: JOB ABANDONMENT

It all depends on what is stipulated in the employment contract signed between you and the former employee.

I would be worried that he took away clients, company property, confidential data, etc. I would have protected all that through a contract.

If there was such contract between you and him, I would read it thoroughly together with legal counsel.

In general now, you (your company) need to file termination papers, including Record of Employment, and submit the former employee backpay, including salary, and vacation pay up to the day of the termination. You also request that he returns any company property.

[seefuthead]

dude maybe instead of going on a dang forum and telling us this pointless rant you should go look for a new employee. it happened. move on. learn your lesson. put up a HELP WANTED ad in the bst.

[Degenerate]

dude maybe instead of going on a dang forum and telling us this pointless rant you should go look for a new employee. it happened. move on. learn your lesson. put up a HELP WANTED ad in the bst.
Maybe it's not up to him to do the hiring?? He said he was the team lead. In past companies I've worked with team leaders don't do any of the hiring.

[gman]

Somehow I suspect that the person quit ALREADY has a job lined up.

People generally quit because of two reasons.

Either the job is so sh*tty that cannot stand working there another minute or the person already accepted employment elsewhere.

It is not about his next job. It is about his next next job interview or next next next job interview.

[Skidz]

http://forums.redflagdeals.com/search.php?searchid=949477


...maybe you should try trolling RFD forums less (or quit posting ******** pointless and unimaginative posts) and just focus on your work?
Lol Well put Roninhttp://www.frontiernet.net/~rainh2o/bad%20threads/Gay%20Thread%20congrats.jpg

[nx2k]

also if you terminate someone for just cause, you must do it discreetly, you can't yell at him in front of other employees and call him an idiot for doing somethign idiotic, or else he can take you to court.


i agree with the majority here, be fortunate he didnt' do something else to fcuk you over. quit your b1tchin and get on with your lies....oops i mean life

[rilhouse]

if you can fire someone without notice, you can quit without notice. he/she obviously does not want a referance from you so looks like you are SOL

[Kenny Blankenship]

What are the labour laws in regards to quitting a job? I had a employee today that just quit on my out of the blue without giving me any notice what so ever. I'm now short staff and I'm unable to have my team reach their Service Level Agreements. Doesn't he have to give me two weeks notice? I'm so irrate right now you don't even understand.

Strike Three!!

http://home.swiftdsl.com.au/~raza/owned-baseball.jpg

[konfusion666]

there seems to be a fair amount of contradictory information in this thread. where is the Token RFD Labour Lawyer when you need him?

[Topher]

also if you terminate someone for just cause, you must do it discreetly, you can't yell at him in front of other employees and call him an idiot for doing somethign idiotic, or else he can take you to court.

This sounds like a boss I had at one time. He'd yell at anybody for any little thing and doesn't care who heard it. What a prick.

[Ojam]

there seems to be a fair amount of contradictory information in this thread. where is the Token RFD Labour Lawyer when you need him?

IANAL but I posted what the Employment law textbooks says. (in my own words)

[gon9925]

there seems to be a fair amount of contradictory information in this thread. where is the Token RFD Labour Lawyer when you need him?

LoL a lawyer with time to browse and post on RFD? must either be retired or have a lot of free time no clients

Well if I have time I'll post my take on things from what I've learned in Business law after double checking the textbook.

[hempopotamus]

The thread made me :) and :lol:

[mrmoe]

instead of sittiong down, laughing at other employees who give their blood and sweet for the job, get up and work 110% and karma will be good to you. I also like what degenerate said : shut the hell up.

by the way this makes me wanna revisit my theory that atomic fire = jazzhound = viper6 = mr.ken, who still is missing 1 post at 9,999, either way they all have the same bs in their threads, mr.moe(another rdf'er can support this statement)

I agree.

Anyways, instead of complaining and looking for deals on the web ( like us ) , why dont you do the employees job for a few days and figure out why he quit.

[doctorgonzo]

From Alberta Employment Standards:

RIGHT TO TERMINATE
As a general principle employees have a right to terminate their employment with an employer and employers have the right to terminate the employment of employees. These rights, however, come with responsibilities. The main responsibility in most cases is to provide notice of intention to terminate. The length of such notice is normally dependent on the duration of the employment with the employer.

Where an employer fails to give notice or to give adequate notice, the remedy will be pay for the period of notice that should have been given. Employees too, have a responsibility to provide notice, but failure to do so carries different consequences.

In Alberta, employment standards legislation (the Employment Standards Code) sets out minimum responsibilities of employers and employees when employment is terminated, including situations where notice is not required. Enforcement of the minimum standards, where these are breached, is through the involvement of Employment Standards.

Another avenue available to employees, if insufficient notice is provided, is to sue the employer. Employment Standards has no involvement in this process, and those contemplating such action are advised to obtain legal advice.

MINIMUM EMPLOYMENT STANDARDS NOTICE REQUIREMENTS
Neither the employer nor employee has a statutory obligation to give notice of termination during the first three months of employment. This is consistent with industry practice that generally treats the first three months of employment as a probationary period.

Employer Initiates Termination
The length of notice an employer is required to give depends on the duration of employment and must be in writing. The minimum notice requirements that employers must give are:

one week – for employment of more than three months, but less than two years
two weeks – for employment of two years, but less than four years,
four weeks – for employment of four years, but less than six years,
five weeks – for employment of six years, but less than eight years,
six weeks – for employment of eight years, but less than 10 years, and
eight weeks – for employment of 10 years or more.
An employer may choose to give pay for the required notice period instead of providing notice. A combination of written notice and pay in lieu of notice (termination pay) is also acceptable.

The employer must pay all wages, overtime, general holiday pay and vacation pay due the employee within three days following termination of employment.

The Employment Standards Code prohibits an employer from dismissing an employee because the employee's wages are garnisheed or when that employee is on maternity or parental leave (some exceptions apply - see Maternity & Parental Leave).

Also see Just Cause Termination Involving Abuse of Vulnerable Individuals.

Here's the part that you'd most be interested in:

Employee Initiates Termination

The length of notice an employee is required to give also depends on the duration of employment and should be in writing. The minimum notice requirements that employees are required to provide are:

one week – for employment of more than three months, but less than two years
two weeks – for employment of two years or more.
If an employee gives proper notice, the employer must pay all earnings to the employee within three days following termination of employment.

If an employee quits without proper notice all wages, overtime, holiday and vacation pay is due to the employee within 10 days after the date on which the notice would have expired if it had been given.

In the end, an employee really doesn't have to give any sort of notice - because you really have no means to retaliate (for lack of a better word) as you have to pay everything due after 10 days.

[quarterpounder]

The situation I was referring to they're contracts were renewed upon the initially expiration. They were renewed with different stipulations saying that they can brake the contract at any time.


Bell Canada is their client. Bell Canada pays CGI for instance and CGI pays their employee whom is the contractor. The employer and employee relationship is still there.

In this instance is it not a supplier/client relationship?

[NLI10D]

Usually, reference is not given out by company but by an individual such as your ex-manager. I think for privacy reason, the HR department won't open your file and tell a 'stranger' everything about you.

Gap/Banana Rep/Old Navy, do not give out personal references. If a potential employer calls one of the managers, they are referred to the head office. The head office in turn, would only verify the position, wage, start and stop time of when they worked there. They will not give out any other information. Not even reason for leaving or termination. There are other companies that practice this i just can't remember any others off the top of my head.

[gman]

Gap/Banana Rep/Old Navy, do not give out personal references. If a potential employer calls one of the managers, they are referred to the head office. The head office in turn, would only verify the position, wage, start and stop time of when they worked there. They will not give out any other information. Not even reason for leaving or termination. There are other companies that practice this i just can't remember any others off the top of my head.

It is up to the manager to choose what to do. Even if it is company policy, a manager who likes you would do something for you. The best way is to give that manager a call to see if it is okay with him/her before the recruiter calls him/her. That is if that manager is your friend, he/she will do that for you.

[TrEvOrLiCioUs]

From Alberta Employment Standards:


Employee Initiates Termination

The length of notice an employee is required to give also depends on the duration of employment and should be in writing. The minimum notice requirements that employees are required to provide are:

one week – for employment of more than three months, but less than two years
two weeks – for employment of two years or more.
If an employee gives proper notice, the employer must pay all earnings to the employee within three days following termination of employment.

If an employee quits without proper notice all wages, overtime, holiday and vacation pay is due to the employee within 10 days after the date on which the notice would have expired if it had been given.


This applies only to ALBERTA.

In Ontario, notice is not required unless its in the employment contract.
Also the lengths of notice to dismiss someone, is different in Ontario. Its actually different for every province, I have it in my Labour Guide.