Difference between revisions of "If You Quit Your Job"

From Clicklaw Wikibooks
Jump to navigation Jump to search
 
(6 intermediate revisions by 2 users not shown)
Line 1: Line 1:
{{REVIEWEDPLS | reviewer = [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Jennifer Hagen], Employment Standards Branch|date= October 2017}} {{Dial-A-Law TOC|expanded = work}}
{{REVIEWEDPLS | reviewer = [https://www.ascentemploymentlaw.ca/about-us Richard Johnson], Ascent Employment Law|date= June 2023}} {{Dial-A-Law TOC|expanded = work}}
If you quit a job voluntarily, this affects your legal rights to things like Employment Insurance benefits and compensation you are owed. Learn your rights if you quit your job.
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.


==Understand your legal rights==
==What you should know==
There are some key things to know if you quit (or intend to quit) your job.


===Your rights depend on the type of worker you are===  
===What your employment contract says===
Your rights if you quit your job depend in part on the type of worker you are seen to be under the law.  
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.)


A BC law, the ''[http://canlii.ca/t/8405 Employment Standards Act]'', sets minimum standards for employers in how they treat workers. This law applies to “employees” — which covers most but not all workers in the province.
Many employment contracts set out how much notice the worker must give to the employer if they quit.


For example, it doesn’t apply to workers in '''industries regulated by the federal government''', such as banks and airlines. Federal laws apply to them.
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.


Nor does it apply to '''union workers'''. If you belong to a union, the collective agreement between your union and the employer governs your rights at work.  
===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.


As well, this provincial law doesn’t apply to '''independent contractors'''. These are people who are self-employed, who run their own business. If you’re an independent contractor, your contracts with the people you work for control the situation.
Your employment contract may set out how much notice you need to provide.


===Giving your employer notice===
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.
If you quit your job, the ''[http://canlii.ca/t/8405 Employment Standards Act]'' does not require you to tell your employer ahead of time. However, your employment contract may require you to do so. (There’s always a contract between a worker and an employer. Even if nothing is in writing, an [https://www.peopleslawschool.ca/everyday-legal-problems/work/rights-work/your-employment-contract employment contract] still exists.)


Workers with a lot of responsibility may have to give notice and can be legally liable if they do not. But these positions are uncommon and the circumstances are generally known to the worker when they take the position.  
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.


Even if you don’t have to give notice, it is usually a good idea to do so. Letting your employer know in advance gives them time to find someone to replace you. The amount of notice you give depends on several factors, including the type of job, how long you have had the job, and the general market conditions. Two weeks’ notice is common.
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.


Giving your employer plenty of notice is recommended if you want your employer to give a good reference for you when you apply for a new job.
===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.


===If you give your employer notice===
===Step 1. Try to fix the problem===
If you do give notice, the employer may accept or refuse the notice.  
 
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.


If they accept your notice, you are not entitled to compensation for length of service. (See our information on [[If You Are Fired: Wrongful Dismissal (No. 241)|if you are fired, no. 241]], for the minimum standards for notice or compensation if the employer is the one ending the work relationship.)
===Step 3. Check your employment contract===


If the employer refuses the notice, or terminates you during the notice period, the employer must pay you compensation. They must pay you the lesser of the remaining amount of notice you have given, or the minimum notice period you are entitled to under the law (see our information on [[If You Are Fired: Wrongful Dismissal (No. 241)|if you are fired]] for details).
Check the terms of your employment contract to make sure you meet any notice requirements on quitting your job.


===Your employer must pay any outstanding wages within six days===  
===Step 4. Start looking for another job===
Regardless of whether you notify your employer ahead of time that you’re quitting, they have '''six days''' from your last day of work to pay you all wages and pay owing. This includes any annual vacation pay, statutory holiday pay, and overtime either worked or in a time bank.


===Your eligibility for Employment Insurance benefits=== 
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.”
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 experienced discrimination
*your working conditions were unsafe
*your employer was not paying you the wages that were legally owed to you
*your employer made major changes to your work duties


When you apply for EI, you will probably have to describe your situation and explain what steps you took to fix the problem before you quit. If you convince EI you had no other reasonable choice but to quit, you may be eligible to receive EI benefits. For more on eligibility for Employment Insurance benefits, visit [http://canada.ca/ei canada.ca/ei] or call 1-800-206-7218.
===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


===If you didn’t quit voluntarily, but were “constructively dismissed”===
Hand the letter to your employer in person. Even if it’s uncomfortable. It’s the professional thing to do.
Sometimes a worker who quits their job doesn’t truly leave the job voluntarily. They may be reacting to a form of veiled dismissal. Instead of saying “you’re fired!”, an employer might do something more subtle that causes the worker to feel like they have no reasonable choice but to quit. It might be an unexpected demotion. Or a significant reduction in hours or pay.  


If your employer changes your work situation in a fundamental way, and you don’t accept that change, you may have the same legal rights as someone who is fired. What happened to you is the legal equivalent of being dismissed. The law calls it “'''constructive dismissal'''”. This applies when your employer does something that:
===Go deeper===
*changes a key aspect of your employment in a major way, '''and'''
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].
*is not something you should have expected, '''and'''
*you don’t agree to or accept.


If you’ve been constructively dismissed, you have the same rights as someone who was fired without cause. That includes the right to “notice” or “severance pay” from your employer. Severance pay is money you’re given in exchange for being let go without notice. See our guidance on [[If You Are Fired: Wrongful Dismissal (No. 241)|if you are fired (no. 241)]] for details.  
==Who can help==
===Helpful agencies===
Consider reaching out to these agencies for help if you quit your job.


{| class="wikitable"
:'''Employment Standards Branch'''
|align="left"|'''Tip'''
:Administers the law in BC that sets minimum standards for workers.
For more on constructive dismissal, see People’s Law School’s information on [https://www.peopleslawschool.ca/everyday-legal-problems/work/getting-fired-or-laid/if-your-employer-has-made-big-changes-your-job if your employer has made big changes to your job]. Get legal advice before accepting a demotion or transfer you think is not fair.
:Call 1-800-663-3316
|}
:[https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Visit website]
===Looking for another job===
You can look for another job before you quit. If you don’t want your current employer to be contacted, indicate on your résumé and application that you are applying “in confidence”. This way you can still list your current job as part of your employment history.


Before making a final decision, an employer may ask for a current job reference. You can give the name of a co-worker if you don’t want your supervisor or employer to know.  
:'''Employment and Social Development Canada'''
:Administers the law that protects workers in federally-regulated industries.
==Get help==
: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]


===With more information===
===Legal advice===
The '''Employment Standards Branch''' administers the law in BC that sets minimum standards for workers.
There are options for free or low-cost legal advice.
:Toll-free: 1-800-663-3316
:Web: [http://gov.bc.ca/employmentstandards  gov.bc.ca/employmentstandards]


Contact '''Employment and Social Development Canada''' if you work in a federally-regulated industry.
:'''Access Pro Bono's Free Legal Advice'''
:Toll-free: 1-800-641-4049
:Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
:Web: [http://www.esdc.gc.ca/ esdc.gc.ca]  
:Call 1-877-762-6664
:[https://www.accessprobono.ca/get-legal-help Visit website]


:'''Access Pro Bono’s Everyone Legal Clinic'''
:Clinicians provide affordable fixed-fee services on a range of everyday legal problems.
:[https://everyonelegal.ca/ Visit website]


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

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
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"