Labour code Q's

[5000Audi]

I have just a question about it.. i tried google and came up with nothing..

With a job, to get the week/weeks severance pay. How long do you need to be at a job before you get this once your canned..

The reason i asked is i put in my 2 weeks at my company. after the 2 weeks was up my boss asked me to stay till the x mas holiday.. Now seeing how my 2 weeks notice is now canceled out from this.. if he no longer needs me can i go after him for the severance pay.. or get him to lay me off..

Im not sure if its 3 months, 6 months or a year...


Thanks for looking over this..

[Sugarphreak]

....

[spike98]

^this

But for you staying the extra 2 weeks to help him out i would ask him for a layoff instead. It will keep EI as an option incase finding a job in this market becomes difficult.

[Amysicle]

Alberta standards for termination of employment:
http://employment.alberta.ca/SFW/1474.html

Since you're quitting, they aren't required to give you severance pay, even if they asked you to stay for a few weeks longer than the notice you had given them.

[lint]

How long have you been there? Severance is not a requirement if the employer terminates employment. Only the length of notice or pay in lieu is required by law.

[5000Audi]

i was there for 4-5 months.. planning on going back to BC so i gave my 2 weeks.. then on guy quit.. so boss asked if i can stay for a bit.. i said ok... so technically that withdrew my 2 weeks notice...again technically he reinstated me after my notice was up.. so its iether he fire me, lay me off or i quit again...

[spike98]

First, unless you are with a employer for more than a calender year the least notice you or your employer has to give is 1 week or 5 business days. 2 weeks is a common courtesy.

Second, if you submited your notice of withdrawl of your position then it would have been effective after the two weeks you stated. If you withdrew your notice then you would have to re-submit a notice to effective 1 week from the time you are quitting. This will ensure they employer will not have grounds to hold the final pay amount for 3 weeks. (which they can do if you just walk out)

That all being said i am sure your employer will call the original notice "good enough" and allow you to leave once you are really no longer needed. Ask him. Like i had mentioned, you are helping him out. Im sure he is greatful and will not bother fucking you with the long dick of the law on a technicallity. Communication is key here.

Now also as i had mentioned in my first post, ask for a layoff. You scratched his back, now see if he can scratch yours. Then you will still be eligiable for employment insurance. Assuming you have contributed the minimum amount for eligablity.

Technically he didnt reinstate you. You failed to leave. Once a notice is giving, by you accepting his request to stay is more like you dissmissing your original intention of leave. Do you re-apply? Fill out new employee records? New file in HR? Didnt think so.

Instead of looking like a brat and asking an online car forum if you can fuck your previous employer in the balloon knot for an extra couple hundy you should just move on after he no longer needs you. That way you will retain an excellent reference.

Remember, your name usually travels faster than you do.....

[5000Audi]

ohh im not looking to fuck anyone.. just seeing what goes on now.. and yes id rather have my vaca pay n whatnot within 3 days rather then 3 weeks.. also. hows one supposto get the vaca pay seeing as the whole comapny is going on vaca starting tommorrow till like 5 or 7 days from now?

[spike98]

Well by law, that have to give it to you withing 72 hours of the end of your last shift. So for example if your last shift ended today at 5pm they would have till the end of the day on the 30th.

Ask your boss if he can cut you a check before you leave. Or just get the vacation pay before hand and get your final check later. Just approach him and ask.