I need legal advice concerning my Record of employment! The job is hourly. My employer said that I quit on my ROE, when

Expert's Assistant chat
Customer: Hello! I need legal advice concerning my Record of employment!
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: No
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: The job is hourly
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My employer said that I quit on my ROE, when I did not quit, never submitted a letter of resignation. And was contacted by my employer saying that she needs me to write a letter for a leave of absence, when she had already put quit on my ROE. Thank you!
Answered by Debra in 23 mins 2 years ago
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Debra
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra
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166440 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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166440 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Customer
Thank you!
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Debra, Expert

I am sorry to hear of this difficult situation.

Was this sick leave?

Customer
It was supposed to be a leave of absence after I showed covid symptoms and could go to work. That was on March 22 and my supervisor issued the ROE on March 30 as quit.
Customer
Could not go to work*
Customer
All youth programs were shut down and I am a youth coordinator. I was doing extra hours at the food bank when I got ill.
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Debra, Expert

That's ridiculous. If you are staying home because you clearly had to you certainly didn't quit and in fact this is a case of wrongful dismissal.

You are actually entitled to receive reasonable notice or pay in lieu of notice. They are cloaking a dismissal as your quitting.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

I suggest you speak to EI about this but at the same time retain an employment lawyer.

Does that make sense?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
My supervisor said that she tried offering me working from home (it was admin work from home and going down to the center twice a week, when I still had symptoms) I didn't receive a formal offer just a phone call, and the offer had nothing to do with my title as a youth coordinator, as all youth programs were shut down.
She had texted me on April 3 saying that she needs a letter for a leave of absence (which she did not request from other staff) and tried suggesting another option which was not related to youth programming (again no formal offer) and I said I would rather stick to CERB for the time being. I was under the impression that I was on a leave of absence.Thank you for your help, your reply was very helpful and I will contact EI about this as well
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Debra, Expert

You are very welcome.

Customer
I did have a final question, my employer doesn't have a letter of resignation from me, nor is there a text message of me saying that I quit.
Would CRA look into this?
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Debra, Expert

It would be EI and they will consider all the facts for sure.

Customer
Thank you so much, I will contact EI as per your advice. Again, I really appreciate the fast and mindful reply.
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Debra, Expert

Anytime!

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