Cut off.
September 24, 2012 10:02 AM   Subscribe

I gave two weeks' notice at my work last Friday after over two years of committed service. The next day I received a phone call from my boss telling me I wouldn't be needed. I am paid by the hour and had these two coming weeks factored into my budget. I need the income to pay my bills. I live in Ontario and I wonder what I'm owed, if anything.

The book keeper agrees I should be paid out for the time I've been shut out, but doesn't know how to determine what to pay me since my hours vary greatly from paycheck to paycheck.
posted by Evstar to Work & Money (8 answers total) 1 user marked this as a favorite
Take what you made over the last 52 weeks then divide by 26. That should be the average of what you made for a two week paycheck in this time.
posted by inturnaround at 10:09 AM on September 24, 2012 [5 favorites]

Here's what seems to be a pretty good summary of Ontario employment law as regards termination/resignation.
posted by HuronBob at 10:13 AM on September 24, 2012

Someone where I worked once here in the 'States was immediately terminated after giving two weeks notice, and it ended up making her eligible for unemployment compensation she wouldn't otherwise have received.

The employer screamed bloody murder and appealed the award-- and lost.

Don't accept any money until you know whether they inadvertently made you eligible for some benefit or other, because that money would render you ineligible.
posted by jamjam at 10:50 AM on September 24, 2012 [18 favorites]

Best answer: If they terminate you, they have to give you the average weekly pay for the past 12 weeks immediately prior to the termination (excluding any weeks you did not work) for two weeks pay. They have to pay you vacation pay on this termination pay, as well as any accrued vacation.

See the Ontario government's info here.
posted by jeather at 11:09 AM on September 24, 2012 [4 favorites]

I am not your legal anything: I am on metafilter:

You give notice (you don't have to) as a courtesy to your employer and fellow employees - that you were voluntarily leaving employment at a future date - so until that date you were still a regular employee. Your boss has terminated you before you actually quit, which means you should be eligible for EI, in addition to the above linked termination process (which they did not follow - they have to give you notice).

EI usually takes 2 weeks to kick in. Good luck.
posted by zenon at 11:17 AM on September 24, 2012 [6 favorites]

Lesson learned, I'm sure, but it's a bad idea to count on the two weeks-- whenever you give notice, you should be prepared to hit the bricks, because you just can't count on people to not take it personally.

Important: LOG AND DOCUMENT WHAT HAPPENED AND GET WITNESSES AND SIGNED STATEMENTS. I know two people who were sued by their employers (in the US, in an at-will state) for collecting Unemployment. Both times it came down to "I was fired/No, you quit." You didn't quit, you gave notice that you would quit, which frankly is a courtesy (companies can say they require it, but how do they keep you on the hook if you won't work for them?). They fired you 2 weeks before you quit. Record it all, save copies of everything from the Unemployment office (as well as any job-seeking activities required by the EI-- do some workshops or something).

I hope it doesn't come to that, but be prepared.
posted by Sunburnt at 6:18 PM on September 24, 2012

Unemployment doesn't work the same in Canada as the US; Employers aren't on the hook for benefits and there isn't an adversarial process between claimants and former employers. The Canadian process bares little resemblance to the US process. So don't worry about being sued by your former employer for collecting EI.

Assuming you didn't quit to avoid being fired with cause then you are a) eligible for EI benefits and b) your former employer owes you either two weeks written notice of termination or payment for those weeks in lieu (IE: you get paid whether you work or not). Note that EI: benefits take up to 4 weeks to start paying and that they will deduct from your benefit any vacation pay or payment in lieu. Your record of employment (which you should have in the next couple of days) will show your average weekly pay.
posted by Mitheral at 7:53 PM on September 24, 2012 [1 favorite]

Response by poster: Thank you for the advice, everyone. I raised a minor stink and it looks like I'll be paid termination pay amounting to 2 weeks. I'm accepting it and moving on. I was leaving anyway, and not because I was afraid of being fired. Looking forward to putting this behind me.
posted by Evstar at 8:51 AM on September 25, 2012

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