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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85241
Experience:  Lawyer
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Hi,My question relates to giving notice of resignation to

Customer Question

Hi,
My question relates to giving notice of resignation to my employer. I work for a multinational company in one of their Ontario offices and they have a 2-week notice requirement listed on their HR policies. They will also ask where I will be going to. From past experience they will walk out employees who refuse to disclose this information or those joining a competitor. I'm not sure if my new employer is/will be considered a competitor or not.
So while I want to give them as much advance notice as possible, I'm also trying to lower my financial risk by choosing the appropriate notice period.
I have worked for them for 9.5 years and I wanted to give them a 5 weeks notice with last day worked being August 2, 2013 instead of the standard 2 week notice. I have accepted an offer at another company with an August 7th start date.
My question is: are they obligated to pay me and/or keep me employed until that date? What happens if they walk me out on the day I resign, or anytime after that? Do I still get paid until August 2nd?
My understanding of the ESA is that if they "terminate" me before the last day I indicate on my resignation, they will be liable to pay severance, which in my case is more than paying for the 5 weeks notice.
Please advise.
Thanks!
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

If you give them notice and they want you to leave then they would have to pay you for the weeks notice that you gave them. So if you said you were leaving in two weeks they would have to pay you for the two weeks.

But if you gave them many weeks notice and they say you had to leave then they would need to pay you what notice you would be entitled to receive had they decided to dismiss you without just cause because that is just what they would be doing.

Let me know if you need any further clarification.
Customer: replied 1 year ago.

Hi, can you be a bit more specific and clarify what this means as it pertains to my specific situation (5 weeks notice, worked with them for 9.5 years):

 

But if you gave them many weeks notice and they say you had to leave then they would need to pay you what notice you would be entitled to receive had they decided to dismiss you without just cause because that is just what they would be doing.

 

So if I give 5 weeks notice, they will either:

1. Have to keep me working until the end of the 5 weeks (with regular pay), OR

2. Ask me to leave anytime from now until the end of 5 weeks. In which case, they will either:

a. just ask me to leave without "terminating" me - they will still pay me until the end of the 5 weeks even though I will not work.

b. "terminate" me - in this case they will have to pay "termination pay" in accordance with Employment Standards Act

 

Is my understanding of the scenario outcomes above correct?

 

Thanks!

 

Expert:  Legal Ease replied 1 year ago.
I think if you give them 5 weeks notice simply put they can let you work there for the 5 weeks or else tell you to leave but pay you for the 5 weeks.
Customer: replied 1 year ago.
Relist: Answer quality.
I'd like to get a second opinion as I am looking for a more elaborate answer. I'm looking for an "according the the law" answer rather than an "I think" one.
Customer: replied 1 year ago.
Relist: Answer quality.
I asked for a second opinion but was surprised that my question was closed. I am not satisfied with the current answer!

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