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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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Involuntary Resignation Question: To whom it may concern, I

Customer Question

Involuntary Resignation Question: To whom it may concern, I am writing on behalf of my girlfriend. We both live and work in Montreal. My girlfriend is on a sponsored visa which has both her name and the company's name on it. I am here as a spouse and on
a open work permit. She started her job in May so is currently in the 5-6 month of her employment with the Montreal based company. The company paid for her relocation, the total cost of which amounts to between 4 and 5 thousand CAD. Ever since my girlfriend
has started working at the company it has been a difficult situation. Harassment, extremely long working hours (50-70hrs/week, including weekends), a hostile working environment and beyond this many other difficulties. To put a long story short my girlfriend
is near burnout and the is wanting to quit her job as soon as possible. However the issues we have is that she was made to sign a contract which stated that, should she quit her job she would need to pay back the relocation fees. Quitting a job and therefore
losing the monthly salary is difficult enough, paying back the 4-5 thousand CAD would be crippling for us at this time. Our next step will be to get her signed off sick for stress by a local doctor however there are a few questions which we have regarding
to her legal rights once this takes place. I have listed the questions below but would be happy to clarify any details that might be unclear: - There is an open issue surrounding a situation in which my girlfriend was on a business trip and fell ill while
on the trip. There were significant costs attached to the treatment of the illness which have not been paid back as promised. Please note: at the time she was employed by the UK office so this may fall under UK law however the business trip was to Canada shortly
before being employed by the Canadian office. Please clarify if the company is required to pay medical expenses whilst on a business trip. - If she were to be signed off sick by a local doctor and then proceeded to hand in her notice of involuntary resignation
would she be required to still pay back the relocation fees? Please note this is an actual need not simply a means to not paying back. For her it is near impossible to continue at the current job. - If she were to be signed off sick and hand in her notice
of resignation would she still need to serve her notice period and return back to work should this be more than the time she was signed off for. (For example: If she is signed off sick for two weeks and then hands in her notice would she need to then serve
the two weeks back at work after the sick leave?) - My girlfriend has requested the full amount of the relocation fees to understand the impact of handing in her notice. Is the company required to give her the full information and accurate amount once she
has requested it? That's all for now. I am sure there may be some points that need clarifying further and I would be happy to give more info where ever need be. Please do let me know. Thanks and appreciate your help in what is a pretty desperate situation.
Kind regards.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I answered this question on another post a while back.Would you please go back to that post and we can continue from there. If you aren't able to find the post let me know and I will contact customer service on your behalf. It doesn't make sense for me to start over again here.

Customer: replied 1 year ago.
Hi legalease,Thanks for the response. I never received the initial answer though. It just said it was closed.Thanks
Expert:  Debra replied 1 year ago.

Can you go back to that post now and read what it says or are you saying that it's locked?

Expert:  Debra replied 1 year ago.

I suppose we can just continue on from here. But also let me know if you are actually asking for a second opinion because I do think we covered all of this.

Customer: replied 1 year ago.
I can't see a response? I haven't been able to read what you answered, so this is still first opinion.Can you copy and paste from the original question?
Customer: replied 1 year ago.
Just to clarify, are you referring to my previous question about whether we can stay in the country or not should she quit? Because while related they are not the same question. This is regarding involuntary resignation and the fact that we would need to pay back what has now been declared as CAD10kThanks
Expert:  Debra replied 1 year ago.

Do you know what constructive dismissal is?

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