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Just curious, I'm a sr executive (VP of engineering) that's…

Just curious, I'm a sr...

Just curious, I'm a sr executive (VP of engineering) that's been at a company for 9 years... I'm thinking about giving my 2 weeks notice (next week), and I'm fairly sure that they will terminate my employment immediately if I do... Should they do so, what am I entitled for at that point? My base salary is 270K a year.

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Answered in 1 minute by:

11/17/2015

Lawyer: Ulysses101, Lawyer replied 6 years ago

Ulysses101, Lawyer

Category: Canada Law

Satisfied Customers: 5,524

Experience: 11 years experience in Canada family law, plus criminal, civil, and employment

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Hello Gino, thanks for the question.

How easy would it be for the employer to fill your spot, given the experience and education and labour market for that skill set?

Customer reply replied 6 years ago

Although my skillset and experience is very unique, I'd say they could probably find another VP of engineering easily enough. My employer is US/Boston based, but I've always worked out of Canada.

Lawyer: Ulysses101, Lawyer replied 6 years ago

OK, your employer may be based in Boston, but do you work for a branch in New Brunswick? Or is your main office and payroll and such in Boston?

Obviously I'm trying to determine if this is a Canada or US legal matter.

Customer reply replied 6 years ago

My office is in Canada. I'm paid in Canadian dollars by ADP, just like a dozen or so other Canadian employees. This would definitely be a Canadian matter. I've had to deal with other Canadian employees that have been terminated in the past, all done via Canadian lawyers and court rules.

Lawyer: Ulysses101, Lawyer replied 6 years ago

OK, thanks for clearing that up.

In New Brunswick, and rather unusually, the employee doesn't have to give any notice period at all to the employer. If you've been there for over five years you are owed 4 weeks notice of termination, or pay in lieu of notice if immediate termination. This is under NB's Employment Standards.

Having said that, you have a couple of options.

1) Simply hand in your notice that you're quitting effective immediately and leave.

2) Give 4 weeks notice, so that if they turn around and dismiss you then you have a much better argument that they owe you the full 4 weeks of pay in lieu of immediate termination.

But before you decide on any course of action, look at your employment contract carefully. Given your salary and your position, I suspect that there are clauses therein about termination periods expected by either party, liquadated damages, non competition, and non disclosure.

Does that help? If there's more to discuss then please reply. If I've answered you then I'd appreciate a positive service rating please.

Customer reply replied 6 years ago

Thanks, ***** ***** help and does answer my question. I'll be very happy to give you a great rating. If possible, I may need to retain proper legal representation in this matter in the future. If you are interested, just email me your contact information at***@******.***Regards,
Gino

Lawyer: Ulysses101, Lawyer replied 6 years ago

I appreciate that Gino, but I'm not licensed to work in NB specifically. But if I relocate for some reason you'll hear from me.

Thanks for the compliments and don't forget to rate.

Good luck.

Ulysses

Ulysses101, Lawyer

Category: Canada Law

Satisfied Customers: 5,524

Experience: 11 years experience in Canada family law, plus criminal, civil, and employment

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