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Resignation

Some resignations are terminations in disguise

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22nd Mar 2017

Sometimes employers too easily confuse when an employee has voluntarily decided to leave. Whether through insincerity or neglect, this is one situation where employers may try to rid themselves of an undesirable employee, without paying any severance. But not so fast. Some resignations are actually terminations in disguise. more

Remember who calls the legal shots at work

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29th Jul 2013

Sometimes employees too easily confuse who gets to call the legal shots in the workplace. Believing that their job is an entitlement, they try to take the law into their own hands. But what happens when an employee gets that law wrong? more

15th Jul 2013

I recently walked off a job after being sexually harassed. It was reported to my employer and a proper investigation was not conducted. Instead I was put on a shift I couldn’t work and eventually had to leave. The sexual harassment was actually a sexual assault. What are my legal options? Who do I report this to in order to get some action? more

Ultimatum tantamount to dismissal

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25th Nov 2012

Following a bad day at work and thinking that he would be fired, Philip Chan elected to resign instead. However, in another tale from the workplace trenches with an ending you would not expect, a court found that Chan’s resignation was actually a termination. more

Botch a resignation and pay the price

By : | Category : Constructive Dismissal, Resignation, Wrongful Dismissal | Comments Off on Botch a resignation and pay the price

When Rashid Balogun announced that he was “out of here” and then swiftly left the Prince George offices of Deloitte & Touche after a confrontational meeting with two of his bosses, they figured that he had just resigned. But in a legal twist that can only happen in workplace law, the court decided otherwise. more

Clearing up misconceptions – Mistakes can be avoided

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Canadian employers may “rule” their own workplaces but they definitely don’t rule the courts. Despite workplace laws favouring their legal position, many employers make mistakes that hand employees a better case. Here are some of my favourite workplace blunders. more

Dealing with incompetence

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18th Nov 2012

In this column, I have consistently opined that incompetence is not usually cause for dismissal and that poor performance should not affect severance. But I must admit that the law is not always this clear. What happens when a new recruit cannot perform the job he or she was hired for, despite training, patience and an investment in their performance? Unsatisfied clients have criticized him or her and you regret giving them the job in the first place. This human resources dilemma is not isolated – both employers and even other employees complain about it often. more

Beware of the workplace recruiter

By : | Category : Employment Contracts, Reasonable Notice, Resignation | Comments Off on Beware of the workplace recruiter

It sucks when bad things happen to good people. That is why I am relating the experience of my client below, hoping that her workplace scenario will not happen to you.

Happily employed for more than 17 years, my client received an unsolicited phone call from a headhunter encouraging her to interview for a more senior role at another company. Following a series of interviews where all of the basic terms of the job were discussed, including salary, title and starting date, my client was offered the job. She then resigned from her current position.

However, as is often the case, the headhunter later forwarded an employment contract containing some language that had not been discussed. This was the first problem. Unless an employment offer is made conditional upon signing a contract, it is too late to later send one, especially one with punitive terms. more

He is the human resources department’s biggest nightmare and he works at just about every large company across the country. He is the sick employee that may never return to his job. And his workplace legacy just got a lot larger.

Paul Pereira earned a position as a senior employee. But he had a problem that ultimately cost him that job. Pereira, the general manager at a Staples Business Depot in Nanaimo, B.C. suffered from depression and a drug addiction. After stints on the company’s disability insurance plans, Pereira entered a treatment facility for his addiction hoping to return to work once he finished the program. more

Workplace Law’s biggest misconceptions

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This is as true at work as it is in life, except that in workplace law there is always an exception. Here is a sampling of some of the questions readers of this column frequently ask and the answers I often provide. more