If You Quit Your Job: Difference between revisions

From Clicklaw Wikibooks
Jump to navigation Jump to search
 
(12 intermediate revisions by 3 users not shown)
Line 1: Line 1:
{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.ascentemploymentlaw.ca/about-us Richard Johnson], Ascent Employment Law|date= June 2023}} {{Dial-A-Law TOC|expanded = work}}
Quitting a job affects your legal rights to things like employment insurance benefits and compensation you are owed. Learn your rights if you quit, and steps to protect yourself.


{{Dial-A-Law TOC|expanded = employment}}
==What you should know==
This script describes your rights under the ''[http://www.bclaws.ca/Recon/document/ID/freeside/00_96113_01 BC Employment Standards Act]'' (the Act) if your job ends because you quit, or are fired, or are laid off.  
There are some key things to know if you quit (or intend to quit) your job.


Employers can fire employees whenever they want if they give written notice or compensation. There are some exceptions when employers don’t have to give notice or compensation: for example, if an employer has just cause to fire an employee.
===What your employment contract says===
A key factor affecting your rights when you’re leaving a job is your '''employment contract'''. It may include terms that deal with how your employment can be ended. (Note there’s ''always'' an employment contract between a worker and an employer, even if nothing is in writing.)


Script [[If You're Fired - Wrongful Dismissal (Script 241)|241]], called “If You’re Fired—Wrongful Dismissal” explains that if you’re fired, you may be able to sue your employer for damages (severance pay) for breach of contract, in addition to seeking the minimum protection under the Act. You may have rights under your employment contract or at common law greater than your rights under the Act. Deciding whether to sue can be complicated and you should get legal advice before deciding.
Many employment contracts set out how much notice the worker must give to the employer if they quit.


=Does the Act apply?=
Make sure you’re aware of any term in your contract that might limit your future activities. For example, a '''non-compete clause''' that tries to limit your ability to take a similar job.


==Time limit for filing a claim under the Act and for suing==
===It's best to give your employer notice===
There is a short time limit to file a claim under the Act—just 6 months from when you were terminated. The time limit to sue in court is 2 years from when you were terminated.
BC’s main employment law doesn’t say you need to provide notice to your employer before quitting. But under common law, workers are expected to provide reasonable notice (more on what this means in a moment). This is to ensure your employer has enough time to adjust to your departure.


==Were you an employee?==
Your employment contract may set out how much notice you need to provide.
This script applies only to [http://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/factsheets/employee-or-independent-contractor employees]—not to partners or contractors (their contract covers them). But many people who are called contractors or partners are actually employees under the Act. The Act focuses on the real relationship between you and the person or organization you worked for, not on your job title. So if a person or organization directed and controlled your work, provided the tools and equipment you needed to do your work, and paid you a wage, you were likely an employee under the Act, even if you were called a partner or contractor.


==Were you in a union?==
If not, the amount of notice must be reasonable in the circumstances. The factors in play include the duties and responsibilities you have, how long you’ve been in the job, and the time it would reasonably take the employer to have others handle your work or to hire a replacement.
This script applies only to non-union employees—not to [http://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/factsheets/collective-agreements-and-esa unionized employees]. The collective agreement between the union and the employer has rules on terminating employees and grievance procedures.


==Did BC law apply to you?==
For more junior workers, two weeks’ notice is common. For workers with a lot of responsibility, four weeks’ notice is more typical. However, these are only general guidelines.
This script applies only to employees covered by provincial law, which is most workers in BC. It doesn’t apply to employees of the federal government or of an industry it regulates, like banks and airlines—federal laws apply to them.


=How did your job end?=
The best way to tell your employer you quit is to give them a letter of resignation. To be effective, your resignation must be clear. Your employer should have no doubt about your intention to quit. Uttering the words “I quit!” as part of an emotional outburst is not enough.


==Did you quit?==
===If you give your employer notice===
If you quit, your employer must pay you all wages and vacation pay owing within six days of your last day of work.
If you do give notice, your employer can accept or refuse.


The Act doesn’t require you to give your employer any notice that you’re going to quit. However, your employment contract (which can be oral or written) may require you to do so. Rarely, employees with a lot of responsibility must give notice and can be legally liable if they do not. But these positions are uncommon and the circumstances are generally made known to the employee when they take the position. For most people, the amount of notice you should give depends on several things including the type of job, how long you have had the job, and the general labour market conditions. Even if you don’t have to give notice, it is usually a good idea to do so.
If they accept, you’ll continue to earn your regular wage until your last day of work.


==Were you fired?==
If your employer refuses (and says “take your things and go home, you’re done here”), they must pay you compensation. They must pay you for the amount of notice you have given. Or if your legal entitlement to notice on dismissal is a shorter period, they can pay you for that shorter period.
Employers have the right to fire employees. They don’t need to have a reason to fire an employee. But the Act requires employers to give employees '''written notice''' that they’re being fired or to pay them wages instead of giving them notice. These wages are called '''compensation for length of service'''. An employer can give you an equivalent combination of notice and compensation. Some exceptions to the requirement to give notice are described later in this script.


If you get written notice of termination, your job continues until the end of the notice period. During the notice period, your employer can’t change your conditions of employment without your written consent.
===Your employer must pay any outstanding wages===
Regardless of whether you notify your employer ahead of time that you’re quitting, your employer must pay all wages owed to you through your last day of work. This includes annual vacation pay, statutory holiday pay, and overtime.


If your employer gives you written notice during your annual vacation, while you are on a leave, or during a strike or lockout, the notice is not legally valid. Because you have the right to work during your notice period, the employer must wait until you return to work before giving you written notice of termination.
If you’re covered by employment standards law, your employer must pay your outstanding wages within '''six days''' of your last day of work.


==Were you fired indirectly?==
===Your eligibility for employment insurance benefits===
Your employer may not directly fire you. Instead, it may do more subtle things. For example, it may demote you without your consent, or cut your salary. Or it may reduce your hours or your duties or fail to pay you. If your employer makes any important change to your job without your consent, it may still be a dismissal under Section 66 of the Act. If your employer treated you this way, the [http://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/factsheets Employment Standards Branch] may find that you were fired—even if no one ever said, “you’re fired”.
If you quit your job, you will usually not be eligible to receive employment insurance (EI) benefits. The exception to this rule is if you had '''no other reasonable choice''' except to leave your job.


==Did your employer sells the business?==
Some examples are:
If your employer sells the business, it can give you written notice of termination. Then, if you work for the new employer that bought the business, you start as a new employee. But if the seller does not give you written notice, and you work for the buyer, you have the same length of service as if the business had not been sold. If the buyer then wants to terminate your employment, it must give you written notice based on your total length of service with both employers, the seller and the buyer.
* you experienced sexual or other harassment
* you needed to move with a spouse or dependent child to another place of residence
* your employer made major changes to your work duties or pay


=The basic rule requiring notice or compensation if you are fired=
When you apply for EI, you will have to describe your situation and explain what steps you took to fix the problem before you quit.


==How much written notice or compensation you are entitled to if you are fired==
==Work out the problem==
The Act sets the minimum amounts of written notice and compensation you are entitled to if you are fired without just cause (explained below). An employer can give you notice or pay (compensation), or a combination of the two, as long as you get the proper amount in total. An employer does not need to give you a reason for terminating you. If you have been employed less than 3 months in a row, no notice or pay is required. After 3 months, you are entitled to the following notice or pay:
*If you work 3 months in a row, you are entitled to least 1 week of notice or pay
*If you work 12 months in a row, you are entitled to 2 weeks’ notice or pay
*If you work 3 years in a row, you are entitled 3 weeks’ pay, and to an additional week’s notice or pay for each additional year of service, to a maximum of 8 weeks


If your employer gives you pay instead of notice, the pay must be based on your average weekly wages during your last 8 weeks of normal work. Part-time employees are entitled to compensation based on the same formula. These are minimum amounts, and your employer cannot ask you to agree to less in a written contract of employment.
Taking these steps can help protect your rights if you quit your job.


If you are fired, your employer must pay all your outstanding wages and vacation pay within 48 hours of firing you—no matter why you are fired.
===Step 1. Try to fix the problem===


If an employer fires you because of pregnancy or parental leave, family responsibility, bereavement or compassionate care leave, reservists’ leave, or jury duty, or because you filed a complaint against your employer, the employer may have to pay you more money in compensation unless it can show that you were not fired for one of these reasons. In some cases, you can be reinstated in your former job (get your job back)—but usually, this is not realistic for employers or employees.
If you haven’t quit your job yet, consider options to fix the problem. You might consider:
* talking with your employer
* talking with a trusted colleague or union representative
* asking for new duties or to work under a different manager
* taking job-protected leave instead of quitting


=Exceptions to the rule that requires notice or compensation=
===Step 2. Figure out if you have no other reasonable choice but to quit===


==Did your employer have “just cause” to fire you?==
If you quit your job and you want to get EI benefits, you must prove you had no other reasonable choice except to quit your job.
[http://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/factsheets/just-cause Just cause] means that you did something seriously wrong, such as steal from your employer or refuse to perform a job duty. If your employer has just cause, it can fire you without notice or compensation. In that case, your employer should give you the reason they are firing you without notice or compensation. Your employer may have just cause to fire you if you:
*use drugs or alcohol that interfere with your job performance
*ignore a strict rule of “no alcohol during work hours”
*intentionally disobey your boss
*consistently refuse to follow a clearly defined chain of authority
*are disloyal to your employer or put yourself in a conflict of interest; for example, you set up a business to compete directly with your employer
*ignore a clear workplace policy, procedure, or rule
*are dishonest about something important


There may be other cases of just cause: things aren't always as clear-cut as these examples. An employer does not have just cause to fire you if it is just dissatisfied with your recent job performance. An employer may have to warn you before firing you or offer you reasonable job training, unless it gives you notice or compensation. If an employer gives you disciplinary letters and asks you to sign them, you can ask why they want you to sign. It may be to acknowledge that you received them, not to say that you agree. Often, there will be a place for you to respond if you don’t agree with the discipline.
===Step 3. Check your employment contract===


Some employers may try to avoid giving you notice or compensation by saying there is just cause to fire you, even if there wasn’t. If you are fired and the employer says there was just cause, look carefully at the employer’s reasons for firing you to see if there really is just cause. For example, if you are fired because your employer is losing money, going out of business, or reorganizing, or because your job becomes redundant or is eliminated by technological change, those things are not just cause. A personality conflict between you and your boss may not be just cause—it depends on the facts. In all these cases, the employer must give you written notice or compensation. If you think the employer does not have just cause, you should contact the [http://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/factsheets/filing-a-complaint Employment Standards Branch].
Check the terms of your employment contract to make sure you meet any notice requirements on quitting your job.


==Other situations when notice and pay are not required==
===Step 4. Start looking for another job===
An employer can fire you without giving you any notice or pay if you:
*could accept or reject any work the employer offered you
*were hired for a specific period and worked until the end of the period
*were hired for specific work that would not last over 12 months
*were laid off because of something unpredictable like a flood or fire
*worked at a construction site for a construction firm
*refused a reasonable offer of a comparable job with the employer


==Some people are not covered by the Act (so they don’t get notice or pay if fired)==
You can start looking for another job before you quit. If you don’t want your current employer to be contacted, indicate on your application that you’re applying “in confidence.”
The Act does not apply to people who are:
*professionals such as doctors, lawyers, architects, accountants, and dentists
*real estate agents
*secondary school students in work-study programs
*“sitters” (defined in the regulations as persons employed in a private residence solely to provide the service of attending to a child, disabled or other person, but not including a nurse, domestic, therapist, live-in home support worker, or an employee of any of those persons)
*in certain government incentive programs
*in job creation programs under the Employment Insurance Program
*primary or secondary school students working 15 hours or less a week as newspaper carriers
*in industries regulated by the federal government such as banks and airlines


Other people not covered by parts of the Act that deal with termination are:
===Step 5. Give your employer notice===
*student nurses
It’s best to prepare a letter. It doesn’t need to be overly detailed. It should fit on a single page and include:
*teachers
* a clear statement that you're going to resign
*voluntary and auxiliary fire fighters
* the date of your last day of work
*fishers (this term is defined in the regulations)
* your appreciation for what you have learned
* an offer to help with the transition


=Special cases=
Hand the letter to your employer in person. Even if it’s uncomfortable. It’s the professional thing to do.


==Rules for layoffs==
===Go deeper===
Temporary layoffs are considered termination and require notice or compensation unless the employee consents to the layoff, or if there is an implied or explicit term in the contract that allows the layoff. A temporary layoff includes cases where you earn less than 50% of your normal wages because your work hours are reduced. If a temporary layoff is allowed, it can last up to 13 weeks in any period of 20 weeks. After 13 weeks of layoff, the Act considers an employee to have been terminated at the time when the layoff began.
We explain these steps in more detail and have more information on your rights if you quit your job. [https://www.peopleslawschool.ca/everyday-legal-problems/work/leaving-job/if-you-quit-your-job See our in-depth coverage of this topic].


==Rules if 50 or more employees are fired==
==Who can help==
If an employer fires 50 or more employees at a single location within a two-month period, special rules apply unless the terminations are part of a normal seasonal reduction in staff. Where the terminations are not part of a normal seasonal reduction, the employees are entitled to more notice or pay—between 8 and 16 weeks more—depending on the total number of employees who are terminated. In this situation, you should contact the Employment Standards Branch to obtain more information about your rights.
===Helpful agencies===
Consider reaching out to these agencies for help if you quit your job.


=Summary and where to get more information=
:'''Employment Standards Branch'''
:Administers the law in BC that sets minimum standards for workers.
:Call 1-800-663-3316
:[https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Visit website]


'''Employment Standards Branch'''—if you’re fired or lose your job in some other way and don’t get written notice or compensation for length of service, the [http://www.labour.gov.bc.ca/esb Employment Standards Branch] can help you recover compensation and any other unpaid wages owing to you. You can call the information line (1.800.663.3316) or go to the website to learn if you have a right to notice or compensation, and if so, how much. (The Branch has [http://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/factsheets factsheets] on termination, just cause, and many related topics.)
:'''Employment and Social Development Canada'''
:Administers the law that protects workers in federally-regulated industries.
:Call 1-800-641-4049
:[https://www.canada.ca/en/employment-social-development.html?utm_campaign=not-applicable&utm_medium=vanity-url&utm_source=canada-ca_esdc Visit website]


You will then probably have to ask for payment from your employer through a Self-Help Kit, though there are some exceptions to this. If your employer fails to pay after you have made a request, you can make a written complaint to the Employment Standards Branch online, in person, or by mail. There is a short time limit to do this: just 6 months from when you were terminated.
===Legal advice===
There are options for free or low-cost legal advice.


'''Suing'''—you may be able to sue for breach of contract and get more than the minimum you are entitled to under the Act. Check script [[If You're Fired - Wrongful Dismissal (Script 241)|241]], called “If You’re Fired—Wrongful Dismissal” for more on this. The time limit to sue is 2 years from when you were terminated. You should get legal advice about whether to sue, and before you accept severance or a termination package from your employer.
:'''Access Pro Bono's Free Legal Advice'''
:Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
:Call 1-877-762-6664
:[https://www.accessprobono.ca/get-legal-help Visit website]


If you’re seeking $5,000 or less, you can seek help from the [https://civilresolutionbc.ca/ Civil Resolution Tribunal].
:'''Access Pro Bono’s Everyone Legal Clinic'''
 
:Clinicians provide affordable fixed-fee services on a range of everyday legal problems.
'''Human rights'''—if you think you were fired because of your age, gender, religion, or some other personal characteristic, you may have a separate claim under human rights law. For more information on human rights claims, contact the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC.
:[https://everyonelegal.ca/ Visit website]
 
'''Federal law'''—if you worked for the federal government or in an industry it regulates, including banks and airlines, you can contact the [http://www.chrc-ccdp.ca/ Canadian Human Rights Commission] at 604.666.2251 in Vancouver and 1.800.999.6899 elsewhere in BC.
 
Check script [[Protection Against Job Discrimination (Script 270)|270]], called “Protection against Job Discrimination”, script [[Human Rights and Discrimination Protection (Script 236)|236]], called “Human Rights and Discrimination Protection”, and script [[Applying for Employment Insurance Benefits (Script 282)|282]] on employment insurance.
 
 
 
 
[updated October 2017]
 
'''The above was last reviewed for accuracy by Jennifer Hagen and edited by John Blois.'''
 
----
----


{{Dial-A-Law_Navbox|type=work}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law_Navbox|type=employ}}

Latest revision as of 17:28, 23 November 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Richard Johnson, Ascent Employment Law in June 2023.
Dial-A-Law
Dial-A-Law‎
This page is
from Dial-A-Law‎,
a starting point for
information on the law
in British Columbia.
See the full contents.
About
Introduction
Consumer & Money
Work & Business
Work
 · Job Discrimination

 · Sexual Harassment

 · Farm Workers' Wages

 · Farm Workers' Rights

 · Workers' Compensation

 · Workers' Compensation Appeals

 · If You Are Fired

 · Getting Laid Off

 · If You Quit

 · Applying for EI
Families & Children
Life
Courts & Crime
From
Visit more from People's Law School
People's Law School
People's Law School
v • d • e

Quitting a job affects your legal rights to things like employment insurance benefits and compensation you are owed. Learn your rights if you quit, and steps to protect yourself.

What you should know

There are some key things to know if you quit (or intend to quit) your job.

What your employment contract says

A key factor affecting your rights when you’re leaving a job is your employment contract. It may include terms that deal with how your employment can be ended. (Note there’s always an employment contract between a worker and an employer, even if nothing is in writing.)

Many employment contracts set out how much notice the worker must give to the employer if they quit.

Make sure you’re aware of any term in your contract that might limit your future activities. For example, a non-compete clause that tries to limit your ability to take a similar job.

It's best to give your employer notice

BC’s main employment law doesn’t say you need to provide notice to your employer before quitting. But under common law, workers are expected to provide reasonable notice (more on what this means in a moment). This is to ensure your employer has enough time to adjust to your departure.

Your employment contract may set out how much notice you need to provide.

If not, the amount of notice must be reasonable in the circumstances. The factors in play include the duties and responsibilities you have, how long you’ve been in the job, and the time it would reasonably take the employer to have others handle your work or to hire a replacement.

For more junior workers, two weeks’ notice is common. For workers with a lot of responsibility, four weeks’ notice is more typical. However, these are only general guidelines.

The best way to tell your employer you quit is to give them a letter of resignation. To be effective, your resignation must be clear. Your employer should have no doubt about your intention to quit. Uttering the words “I quit!” as part of an emotional outburst is not enough.

If you give your employer notice

If you do give notice, your employer can accept or refuse.

If they accept, you’ll continue to earn your regular wage until your last day of work.

If your employer refuses (and says “take your things and go home, you’re done here”), they must pay you compensation. They must pay you for the amount of notice you have given. Or if your legal entitlement to notice on dismissal is a shorter period, they can pay you for that shorter period.

Your employer must pay any outstanding wages

Regardless of whether you notify your employer ahead of time that you’re quitting, your employer must pay all wages owed to you through your last day of work. This includes annual vacation pay, statutory holiday pay, and overtime.

If you’re covered by employment standards law, your employer must pay your outstanding wages within six days of your last day of work.

Your eligibility for employment insurance benefits

If you quit your job, you will usually not be eligible to receive employment insurance (EI) benefits. The exception to this rule is if you had no other reasonable choice except to leave your job.

Some examples are:

  • you experienced sexual or other harassment
  • you needed to move with a spouse or dependent child to another place of residence
  • your employer made major changes to your work duties or pay

When you apply for EI, you will have to describe your situation and explain what steps you took to fix the problem before you quit.

Work out the problem

Taking these steps can help protect your rights if you quit your job.

Step 1. Try to fix the problem

If you haven’t quit your job yet, consider options to fix the problem. You might consider:

  • talking with your employer
  • talking with a trusted colleague or union representative
  • asking for new duties or to work under a different manager
  • taking job-protected leave instead of quitting

Step 2. Figure out if you have no other reasonable choice but to quit

If you quit your job and you want to get EI benefits, you must prove you had no other reasonable choice except to quit your job.

Step 3. Check your employment contract

Check the terms of your employment contract to make sure you meet any notice requirements on quitting your job.

Step 4. Start looking for another job

You can start looking for another job before you quit. If you don’t want your current employer to be contacted, indicate on your application that you’re applying “in confidence.”

Step 5. Give your employer notice

It’s best to prepare a letter. It doesn’t need to be overly detailed. It should fit on a single page and include:

  • a clear statement that you're going to resign
  • the date of your last day of work
  • your appreciation for what you have learned
  • an offer to help with the transition

Hand the letter to your employer in person. Even if it’s uncomfortable. It’s the professional thing to do.

Go deeper

We explain these steps in more detail and have more information on your rights if you quit your job. See our in-depth coverage of this topic.

Who can help

Helpful agencies

Consider reaching out to these agencies for help if you quit your job.

Employment Standards Branch
Administers the law in BC that sets minimum standards for workers.
Call 1-800-663-3316
Visit website
Employment and Social Development Canada
Administers the law that protects workers in federally-regulated industries.
Call 1-800-641-4049
Visit website

Legal advice

There are options for free or low-cost legal advice.

Access Pro Bono's Free Legal Advice
Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
Call 1-877-762-6664
Visit website
Access Pro Bono’s Everyone Legal Clinic
Clinicians provide affordable fixed-fee services on a range of everyday legal problems.
Visit website
v • d • e
 
Work & Business
Work
Business
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.


Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=If_You_Quit_Your_Job&oldid=57327"