pike slayer Posted April 18, 2012 Report Posted April 18, 2012 So i landed myself a new job with alot better pay and what not and i put in my 2weeks yesterday and i will be starting my new job May 1st. I went into work this morning and my boss tells me that i need to empty out my work van,hand in my cell phone, hand in my keys, and make whatever arrangements i need to make cause im done there. So now im at home and off of work for 2weeks. I will be calling my new employer to tell him i willing and able to start anytime. but i heard if you put in your 2 weeks and they let you go right away they have to pay me my 2 weeks of pay. is this true?
Raf Posted April 18, 2012 Report Posted April 18, 2012 I don't know how it works if you put in your 2 weeks. Normally, if they are the ones letting you go, they owe you severance and the whole lot. Check with the Ministry of Labour.
johnnyb Posted April 18, 2012 Report Posted April 18, 2012 If they want to exercise their right to let you go now, they can do that, but they do owe you the 2 weeks of pay. Nice little vacation for sure! I do hope that your 2 weeks notice is recorded, ie. on paper or email....might be easy for an unscrupulous employer to make it look like you gave no notice and were terminated.
torco Posted April 18, 2012 Report Posted April 18, 2012 Very classy of your old employer. I can see why you were looking for a better place to work. Well congrats on the new job.
quickme Posted April 18, 2012 Report Posted April 18, 2012 If they want to exercise their right to let you go now, they can do that, but they do owe you the 2 weeks of pay. Nice little vacation for sure! I do hope that your 2 weeks notice is recorded, ie. on paper or email....might be easy for an unscrupulous employer to make it look like you gave no notice and were terminated. yes be sure you have it documented. Your Employer may not pay you for the Vacation accrued. Many Employers will ask you to leave immediately if you go to a competitor or if they don't want you to start something you won't be able to finish or follow up on or they give you 2 weeks off just as a thank you for your service. Just be sure you atleast gave them a termination letter.
Jer Posted April 18, 2012 Report Posted April 18, 2012 Very classy of your old employer. I can see why you were looking for a better place to work. Well congrats on the new job. It's actually a pretty common practice depending on the industry. The last thing an employer wants is somebody just putting their time in or worse. Especially if you're dealing directly with customers and going to a competetive company. Regardless of their reasons, they definitely owe the two weeks pay.
pike slayer Posted April 18, 2012 Author Report Posted April 18, 2012 his reason for letting me go right away is that he needs to take care of his guys and they deserve the work over me because things arent really busy right now. I did not write a letter but i did go in yesterday morning and give my notice and i was there for work today with work scheduled for me. the head HR lady from southern ontario called me to ask me a bunch of questions as to why i was leaving and i told her why and i asked this question and she told me that she will take care of it.
Mike Pike Posted April 18, 2012 Report Posted April 18, 2012 his reason for letting me go right away is that he needs to take care of his guys and they deserve the work over me because things arent really busy right now. Ya, but now he has to pay them AND you( for two weeks anyway )!
danbouck Posted April 18, 2012 Report Posted April 18, 2012 It's a 2 week paid vacation. The only way an employer does not have to pay is if the person gets fired WITH cause.
livinisfishin Posted April 18, 2012 Report Posted April 18, 2012 It's a 2 week paid vacation. The only way an employer does not have to pay is if the person gets fired WITH cause. Is it two weeks of your vacagtion pay that is taken off every week that you get paid?
Pikeslayer Posted April 18, 2012 Report Posted April 18, 2012 (edited) I currently own my own business and have managed staff of up to 60 employees in the past. I can conclusively assure you the following; Your employer owes you the following based on your two week notice of resignation; Length of Employment- Less than 3 months Notice Required- None 3 months but less than 1 year 1 week 1 year but less than 3 years 2 weeks Your employer also owes you for any accrued vacation pay/time (if it is not paid out on your regular pay cheque). Check this link for further details; http://www.labour.go...termination.php Depending on the nature of the business, especially where WSIB claims are a possibility, smart employers will terminate the employee upon receipt of the notice and pay out the termination requirements. Smart employees (who work in this type of environment) will give maximum notice according to maximum termination allowances; Length of Employment- Less than 3 months Notice Required- None 3 months but less than 1 year 1 week 1 year but less than 3 years 2 weeks 3 years but less than 4 years 3 weeks 4 years but less than 5 years 4 weeks 5 years but less than 6 years 5 weeks 6 years but less than 7 years 6 weeks 7 years but less than 8 years 7 weeks 8 years or more 8 weeks (maximum termination pay) Note- do not confuse 'termination' pay vs 'severence' pay. They are both unique. In this case, you are seeking termination pay based on your years of service to the maximum of 2 weeks (your written/verbal notice). Regards, Slayer Edited April 18, 2012 by pikeslayer
torco Posted April 18, 2012 Report Posted April 18, 2012 That's perfectly fair. Just make sure the ROE is accurate. Now go fishin'! Yeah that makes sense. I have only left one place and I gave them plenty of notice and kept working because they would have been in bind as we were really busy and we left on good terms.
Millhouse2020 Posted April 18, 2012 Report Posted April 18, 2012 Sounds like you quit and that you were not terminated. However, you gave a customary 2 weeks notice to your employer, even if it was verbal. This is called a "working notice". If they chose to send you home, which is their perogative, they do owe you the pay for that period. Also, they owe you accrued vacation pay. Its the law so dont let them side step that. Sounds like they have an HR office who should know this. Your accrued vacation pay is often calculated on your pay stub you receive with your payroll. Also, you should still be accruing vacation pay during your working notice at whatever your rate is. Essentially, one week of vacation pay equals 2% of your salary. The Ontario minimum is 2 weeks or 4%, unless of course you have an agreement or contract which entitles you to more. http://www.labour.go...e/severance.php When Severance Occurs A person's employment is "severed" when their employer: dismisses or stops employing the employee, including an employee who is no longer employed due to the bankruptcy or insolvency of his or her employer; "constructively" dismisses (please refer to "Constructive Dismissal" in the "Termination of Employment" section of the Guide) the employee and the employee resigns in response within a reasonable time; lays the employee off for 35 or more weeks in a period of 52 consecutive weeks;For the purposes of the Severance provision, an employee who receives less than one quarter of the wages he or she would have earned at the regular rate for a regular work week is considered to have been on a week of layoff. A week of layoff does not include a week when the employee is unavailable for work, unable to work, suspended for disciplinary reasons, or not provided with work because of a strike or lockout at his or her place of employment or elsewhere. Although the 52 weeks are consecutive, the 35 weeks are not required to be consecutive. lays the employee off because all of the business at an establishment closes permanently (an "establishment" can, in some circumstances, include more than one location); or gives the employee written notice of termination and the employee resigns after giving two weeks' written notice, and the resignation takes effect during the statutory notice period.
Big Cliff Posted April 18, 2012 Report Posted April 18, 2012 I too ran my own business for many years and Simon is bang on the money. It is fairly standard practice to let an employee go once they have given notice depending on their position. Not all employees are honorable when they think they have nothing left to loose.
pike slayer Posted April 18, 2012 Author Report Posted April 18, 2012 thanks for the replies guys! the HR person at head office said she'd take care of it So we`ll see what happens. at the end of 2011 i had around $800 in vacation pay. So they`ll owe me probably well over $1000 in vacation pay that i have banked plus my hours for this pay paid and the next including my termination pay. i`ll be on them to get my money!
Big Cliff Posted April 18, 2012 Report Posted April 18, 2012 Congratulations on your new position! Enjoy your two week paid holiday (and extra holiday pay) and if you have any problems at all, just call the Ministry of Labour. NO employer wants to deal with those A Holes!
Pikeslayer Posted April 18, 2012 Report Posted April 18, 2012 thanks for the replies guys! the HR person at head office said she'd take care of it So we`ll see what happens. at the end of 2011 i had around $800 in vacation pay. So they`ll owe me probably well over $1000 in vacation pay that i have banked plus my hours for this pay paid and the next including my termination pay. i`ll be on them to get my money! All money owing is due in 7 days or the next regularly scheduled payroll. Whatever is longest. All means termination and severance.
irishfield Posted April 18, 2012 Report Posted April 18, 2012 (edited) All money owing is due in 7 days or the next regularly scheduled payroll. Whatever is longest. All means termination and severance. yep.. and don't get to excited when that big lump sum ALL on one paycheck.. that now looks like more than two pays combined has the computer yanking tax off at the next higher tax bracket. Don't worry.. you'll get it back NEXT May ! ( I was always nice and broke them down into two for good employees.. PI TA fellas.. never) Edited April 18, 2012 by irishfield
Musky or Specks Posted April 18, 2012 Report Posted April 18, 2012 I gave my two weeks notice three weeks ago and was told by my supervisor that it was company policy to walk you out the door with your two weeks and your vacation pay. Unfortunately I was to valuable to my company and the my mom hates me made me finish out my two weeks.Just my luck.
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