[analogue SPRINKLES]

I know that if you work somewhere for more than 1 years you are expected but not required (by law) to give 2 weeks notice.

IF you do quit after 1 year and the employer wants you to work those 2 weeks notice period but you rather just walk out are you still entitled to get your 2 weeks severance pay?

[Dakar²]

I don't know anything, but I can't see why you would be.

[analogue SPRINKLES]

Originally Posted by Dakar² 

I don't know anything, but I can't see why you would be.

Well I know most places when you quit they usually throw you out but they still owe you severance pay depending on your time there.

It sucks quitting and having to mope around for your last 2 weeks.

[Dakar²]

Well, if your employer allows you to stay for those 2 and you voluntarily turn down work by leaving I don't see why they'd have to pay you.

[RAILhead]

Depend on the company and their policies. You MUST check the personnel handbook. ANY company can override what people think are "laws" (most aren't, people just think they are). If it's a company policy to not pay, it'll be in the handbook.

And to answer your question, no, they aren't forced to pay in the situation you present in your last sentence.

[Mastrap]

Railhead is right. Severance pay is not payable if the employee chooses to leave rather than to work out severance.

[andi*pandi]

you don't get severance pay for quitting. The 2 weeks is to give them time to hire someone else, if you so choose to be so kind, and it's good form to get good references etc. You should get paid for any untaken vacation or even possibly sick time you have remaining however.

[Mrjinglesusa]

Are you sure your employer has a severance plan and do you known the conditions to receive the severance pay?

Employers are not required to provide severance pay - it is something some offer and others (most) don't.

[analogue SPRINKLES]

Originally Posted by andi*pandi 

you don't get severance pay for quitting. The 2 weeks is to give them time to hire someone else, if you so choose to be so kind, and it's good form to get good references etc. You should get paid for any untaken vacation or even possibly sick time you have remaining however.

Well I have been planing on leaving for a while so I ate up my vacation and sick days for the most part already.

Thing is i have worked here for a year and have no formal contract but a year long recored of payments etc.

I know that if they fired me they owe me two weeks pay so i was wondering if it worked the other way around.

Pretty much I gave them notice today but they said they want me to stay the 2 weeks. I am in the middle of a pay period though so I think it might be better to wait till this friday to complete a normal pay period and just not come back next week.

I am not worried about references etc. Just my damn checks.

[Mastrap]

Originally Posted by Mrjinglesusa 

Employers are not required to provide severance pay - it is something some offer and others (most) don't.

Not in Canada. Severance pay is mandatory.

[iMOTOR]

Originally Posted by analogue SPRINKLES 

I know that if they fired me they owe me two weeks pay so i was wondering if it worked the other way around.

Severance pay for quitting??? Where do I sign up?

Originally Posted by analogue SPRINKLES 

wait till this friday to complete a normal pay period and just not come back next week.

They will fire you if you stop showing up for work, it's always better to write up a quick resignation letter.
That way on paper they didn't kick your ass out, you left on your own.

[analogue SPRINKLES]

Originally Posted by Mastrap 

Not in Canada. Severance pay is mandatory.

Well that is what I am trying to figure out but I can't get a solid answer based on my situation:

http://www.labour.gov.on.ca/english/...rmination.html

[Mastrap]

Severance pay is only mandatory if you get fired. If you quit, all bets are off and you're owed nothing.

[peeb]

Originally Posted by iMOTOR 

Severance pay for quitting??? Where do I sign up?




They will fire you if you stop showing up for work, it's always better to write up a quick resignation letter.
That way on paper they didn't kick your ass out, you left on your own.

It's not always better to resign. In the US, you are not eligible for unemployment benefit if you quit, while you are if you are fired. Of course, there are disadvantages as well...

[analogue SPRINKLES]

Originally Posted by Mastrap 

Severance pay is only mandatory if you get fired. If you quit, all bets are off and you're owed nothing.

Well sorta. If you give them 2 weeks notice and then they ask you to leave they still owe you 2 weeks pay no?

Anyway, I told them I want to quit as of today but I will work as a courtesy until the end of the week to complete a pay period.

[torsoboy]

Originally Posted by analogue SPRINKLES 

Well sorta. If you give them 2 weeks notice and then they ask you to leave they still owe you 2 weeks pay no?

Um, no. Not in the USA at least. If you say you quit, and they ask you to leave right then, they owe you nothing. You have formally quit and unless they choose to keep you on for two more weeks then you are done.

[Gossamer]

Uh-oh, is the job cutting into too much of your NN time?

[analogue SPRINKLES]

Originally Posted by Gossamer 

Uh-oh, is the job cutting into too much of your NN time?

Na, just mental and physical health

[Buckaroo]

I don't believe there is anything such as severence pay for anyone that quits. It's not a good idea to put in a two weeks notice and quit before those 2 weeks. You can, but you won't get paid for it, and you will never be able to get hired back in. It's one of those "don't burn your bridges" type meaning.

Another thing, if I'm hiring someone and he dosen't have the respect to give his previous employer 2 weeks notice, I'd think twice before taking him on. If he can't give his previous employer 2 weeks notice, he ain't going to give me 2 weeks notice.

And by the way, there is no law that says you have to give any notice. It's just if you want to ever be hired ever again, that's one bridge you don't want to burn.

[analogue SPRINKLES]

Originally Posted by Buckaroo 

I don't believe there is anything such as severence pay for anyone that quits. It's not a good idea to put in a two weeks notice and quit before those 2 weeks. You can, but you won't get paid for it, and you will never be able to get hired back in. It's one of those "don't burn your bridges" type meaning.

Another thing, if I'm hiring someone and he dosen't have the respect to give his previous employer 2 weeks notice, I'd think twice before taking him on. If he can't give his previous employer 2 weeks notice, he ain't going to give me 2 weeks notice.

And by the way, there is no law that says you have to give any notice. It's just if you want to ever be hired ever again, that's one bridge you don't want to burn.

Well I know what you are saying but in 10 years not one of potential job has ever ask me for references from another company. The odd time they have I simply have them talk to someone in the company that I am on good terms with.

Also as far as respect goes think about how much "notice" a job gives YOU when they fire you. None. If they do fire you they only pay you what is required by law and don't help you out in any other regard.

I want to leave for many many reasons and considering the bad situation I am in I think 1 week of sticking around and getting work done is more than enough.

[macroy]

Originally Posted by analogue SPRINKLES 

Also as far as respect goes think about how much "notice" a job gives YOU when they fire you. None. If they do fire you they only pay you what is required by law and don't help you out in any other regard.

Well... that is unfortunately the reality. Its kinda like customer service.... you act out on a customer.. and you get a bad rap..but if a customer acts out on you - no one really cares. Point is, their the ones holding the cards in this case. Of course, companies that treat their employees like crap will eventually suffer...

As far as your situation, if you just walk out - they OWE you nothing. And for those companies that ask you to leave right away, but still give you the two weeks pay, they are doing it per their policy, not a law (in the US at least).

[mac128k-1984]

Originally Posted by torsoboy 

Um, no. Not in the USA at least. If you say you quit, and they ask you to leave right then, they owe you nothing. You have formally quit and unless they choose to keep you on for two more weeks then you are done.

Well that's not entirely true, if I'm understanding your point. If you give your notice, and the employer (for what ever reason) does not want you around then they typically ask that you leave and pay you for the two weeks.

As for the OP's question about notice, word gets around if you don't give notice especially as you move up in the ranks, that is if you work for McDonalds it may not hurt you, but work for a larger firm in a more professional role, and if a prospective company finds out you didn't give your notice they'll probably pass on you.

Its a courtesy that you generally should give even if you have not been there a year, besides you want good references no use in burning your bridges.

[macforray]

From experience, "don't burn your bridges". Even though you may never work for that company again, you still may end up working for some of the same people down the road.

Be as professional as possible. If you quit, and unless you have a contract that states otherwise, they owe you nothing.

[Paco500]

In most places in the US (don't know squat about Canada's employment laws) you are, unless otherwise contractually agreed, an "at will employee," which pretty much means you can be let go at any time for any reason with no recourse. The only protections are if you can prove you were fired as the result of being a member of a "protected" group, and were discriminated against. If you but in your two-weeks notice and they escort you out, it's good form on their part to pay you out your notice, but they don't have to.

Originally Posted by andi*pandi 

You should get paid for any untaken vacation or even possibly sick time you have remaining however.

Again, this comes down to company policy. There is no legal obligation for them to do so. It is almost universally the case that this will be done however, at least for vacation time.

[Railroader]

Most places I worked at, when you told your supervisor you were resigning, they called security and they escorted you to your desk where they allowed you to remove your personal items and then escorted you out. They were worried you'd take company secrets or other info with you.

But I have mostly worked for larger companies, this might not be the case for small companies.

[iMOTOR]

Originally Posted by Railroader 

They were worried you'd take company secrets or other info with you.

So basically, they want you to take the company secrets and other info before you tell your supervisor you're resining.

Brilliant!

[mindwaves]

I work for a very large company and I actually just put in my notice today. I gave them about 3 weeks notice. No severance pay of course.

[Railroader]

Originally Posted by iMOTOR 

So basically, they want you to take the company secrets and other info before you tell your supervisor you're resining.

Brilliant!

Of course they consider this point, but you have to look at it from their perspective. They are limiting exposure to leaks.

[andi*pandi]

^I could see companies doing that if they fired you, but really if you resign of your own will there's no advantage to them of escorting you out. That just means they're without skilled worker until they find a replacement.

[Railroader]

Originally Posted by andi*pandi 

^I could see companies doing that if they fired you, but really if you resign of your own will there's no advantage to them of escorting you out. That just means they're without skilled worker until they find a replacement.

It also means you probably found a job in a related field and are going to use information that your current employer paid for.

They are just cutting their losses.

[Yose]

Originally Posted by analogue SPRINKLES 

Well sorta. If you give them 2 weeks notice and then they ask you to leave they still owe you 2 weeks pay no?

Anyway, I told them I want to quit as of today but I will work as a courtesy until the end of the week to complete a pay period.

You're resigning from the position, if you give two weeks notice the company can chose to accept that or dismiss you right then (or even work a week, then dismiss you). If they dismiss you, they are basically firing you (that would then require them to give you pay in lieu of notice).

But there really is no reason for your employer not to let you work through two weeks. Do you deal with sensitive info?

This is Ontario specific, though probably similar in other provinces…

[torsoboy]

Originally Posted by mac128k-1984 

Well that's not entirely true, if I'm understanding your point. If you give your notice, and the employer (for what ever reason) does not want you around then they typically ask that you leave and pay you for the two weeks.

You're kidding me right? This does not happen in any area that I have been in. If you quit, you quit and they don't owe you anything. I think it must be like others said... it all comes down to company policy. If you are a government employee I could see them paying you for some reason, but other than that I just can't see it happening.

[red rocket]

Originally Posted by analogue sprinkles

Well I know what you are saying but in 10 years not one of potential job has ever ask me for references from another company. The odd time they have I simply have them talk to someone in the company that I am on good terms with.

Also as far as respect goes think about how much "notice" a job gives YOU when they fire you. None. If they do fire you they only pay you what is required by law and don't help you out in any other regard.

I want to leave for many many reasons and considering the bad situation I am in I think 1 week of sticking around and getting work done is more than enough.

I never really got this reference thing. If I'm going to quit a job, I have good reasons for doing so. Meaning I either can't stand working there anymore, or I've found something better. In both cases, it's been my decision, so I don't see why I should need some report card from my ex-employer, and certainly my new employer should only care about whether I'm qualified, and get along with the people I'm expected to work with. If I say the ex-employer/co-workers were arseholes, they were. That's why I quit.

The only time I can see the logic behind obtaining references is when the firm has gone bust.

I'm also confused by the way you guys talk about having used up your sick leave. There shouldn't be a limit on how many days you can get sick. If I hated the place so much, I'd just catch a cold and pull a sickie for the last week or two. They can't very well want you around infecting the rest of the staff.

[macroy]

Originally Posted by red rocket 

I never really got this reference thing. If I'm going to quit a job, I have good reasons for doing so. Meaning I either can't stand working there anymore, or I've found something better. In both cases, it's been my decision, so I don't see why I should need some report card from my ex-employer, and certainly my new employer should only care about whether I'm qualified, and get along with the people I'm expected to work with. If I say the ex-employer/co-workers were arseholes, they were. That's why I quit.

The only time I can see the logic behind obtaining references is when the firm has gone bust.

I'm also confused by the way you guys talk about having used up your sick leave. There shouldn't be a limit on how many days you can get sick. If I hated the place so much, I'd just catch a cold and pull a sickie for the last week or two. They can't very well want you around infecting the rest of the staff.

There are two types of "references". A character reference, which they ask you to provide to validate your character, personality, and experience. This is where you supply three of your past supervisors that will give you a glowing review. I guess an argument can be made here on its validity since the job applicant supplied the names... as if they're going to give you references that will provide negative feedback.

Then there is the work history reference which is stated on your resume, and/or application. In this case, they typically only call the HR department to verify the information you put on your app/resume - The fact that you actually worked where you said you worked, and the dates that you were there. Believe it or not, folks do actually lie on their resumes.

As for sick leave, many places give sick leave as a benefit (since its paid leave). If you go beyond the leave you have, you can use vacation or personal leave. Otherwise, you are not paid if you don't show up.
Some companies have policies that state you can not use leave as part of your final two weeks. Meaning that if you don't show up, its considered unpaid leave. You'll still get your sick/vacation pay.. but you lose out on your normal pay. It all depends on your companies policy.
I've worked at places that gave you vacation, sick, and personal leave; other places have grouped them together and made it all "personal time off" or PTO. This is the theory that some folks get screwed over because they don't often get sick, so they never use sick leave. Thus the PTO give them a pool of days (i.e 25 days a year) that they can arrange however they want to use it. The issue here is that you may have 10 PTO days left... and had a vacation planned... then you get sick.. now you're screwed 'cause you don't have enough days off.

Then there are places (like my last employer) that don't account for sick days.. they figure if you're sick, you're sick. Stay home and rest or work from home. Those place are often relying more on your output than your "face time". In my case it was a management consulting company.... we had to be billable for certain hours a month... so if we're out one day.. we just need to make it up before the month ends.

[Yose]

Originally Posted by torsoboy 

You're kidding me right? This does not happen in any area that I have been in. If you quit, you quit and they don't owe you anything. I think it must be like others said... it all comes down to company policy. If you are a government employee I could see them paying you for some reason, but other than that I just can't see it happening.

No, he's not kidding. Giving notice in good faith, two weeks for example, is a courtesy to the employer. If the employer dismisses(fires) you at that point, they owe you pay in lieu of notice.

[analogue SPRINKLES]

So anyway I gave them notice yesterday and said I can work till the end of the week friday if they wanted me to but I CANNOT work 2 as I have surgery scheduled next Tuesday.

Now they are telling me "I NEED to provide two weeks notice"

Um, no... I don't NEED to do anything like that. Me staying here this week is already 10x more than I want to do so they should be happy they are even getting that.

I don't want to get into half way though another pay period.

[Gossamer]

Sounds like it was a good idea to get out. Hope your surgery goes well.

[RAILhead]

There are times when an employee will give notice and the company no longer wants them around, and to make the person leave, payment will be offered. We've done that with "problem" employees before as it serves the company's good for someone to quit rather than us fire them.

[Dakar²]

I suppose if you gave them as much notice as you got, then they can't complain. Hope your sex change goes well.

[RAILhead]

Originally Posted by analogue SPRINKLES 

So anyway I gave them notice yesterday and said I can work till the end of the week friday if they wanted me to but I CANNOT work 2 as I have surgery scheduled next Tuesday.

Now they are telling me "I NEED to provide two weeks notice"

Um, no... I don't NEED to do anything like that. Me staying here this week is already 10x more than I want to do so they should be happy they are even getting that.

I don't want to get into half way though another pay period.

An employer can't require that, and if you aren't worried about getting hired back, don't let it bother you. Further, it's against the law for them to ever tell anyone about this if called for a reference.

[Gossamer]

Originally Posted by Dakar² 

I suppose if you gave them as much notice as you got, then they can't complain. Hope your sex change goes well.

I wasn't gonna say it.

[analogue SPRINKLES]

Originally Posted by RAILhead 

An employer can't require that, and if you aren't worried about getting hired back, don't let it bother you. Further, it's against the law for them to ever tell anyone about this if called for a reference.

Ya not worried in the least about a reference or getting hired back.
The only reason I am even staying this week is to be nice to them as I am worried they are going to jerk me around with my last paycheck if I just walk out.

Trust me, I rather not even work this week so they should be happy.

[Dakar²]

Let's see if he responds like I was serious.

[analogue SPRINKLES]

Originally Posted by Dakar² 

Hope your sex change goes well.

You can be the judge of that

[Dakar²]

That's the spirit. Just call me when Goss leaves.

[torsoboy]

Originally Posted by Yose 

No, he's not kidding. Giving notice in good faith, two weeks for example, is a courtesy to the employer. If the employer dismisses(fires) you at that point, they owe you pay in lieu of notice.

Bzzzt! Wrong. They don't "owe" you anything if you have quit. I think you are mixing business policy with what you think is business law or something. At the place I work on the couple of occasions that a person has given their two weeks and then been asked to leave immediately they receive no compensation, and I personally don't think they should have either. They quit, it is up to the company to handle them anyway they choose at that point.

[Dakar²]

You're required to give two weeks notice so you don't leave the company in a bind. By the same token the company should compensate you if they have you leave immediately or else they're leaving you in a financial bind as well.

[analogue SPRINKLES]

Originally Posted by Dakar² 

You're required to give two weeks notice so you don't leave the company in a bind.

Required is a strong word. It isn't the law in any form but only "good faith" to give them 2 weeks.

I could walk out at lunch and never come back and they still owe me money up to that point.

[Dakar²]

True, true.

[RAILhead]

They can't screw with your check -- that's against the law.

Just leave if things are so bad, making sure you have documentation of your time worked so you can make sure you're paid the proper amount. Do you click in with a time card by any chance?