How does your service work? What is the price? I am not sure -> I want to ask about a question regarding an employee

Expert's Assistant chat
Customer: Hi
JA: Hi. How can I help?
Customer: How does your service work? What is the price?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: I am not sure -> I want to ask about a question regarding an employee resignation without a letter
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: Not union and it is hourly
JA: Anything else you want the Lawyer to know before I connect you?
Customer: what is the pirce?
Answered by Ulysses101 in 58 mins 1 year ago
imglogo
Ulysses101
10+ years of experience
logo

8672 Satisfied customers

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.

logoBack
logologo
Ulysses101
logo
logo
8672 Satisfied customers
logo
10+ years of experience
imglogo
Ulysses101
10+ years of experience
logo

8672 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

Ulysses101, Expert

Hello, thank you for the question.

You're here chatting with me, a lawyer in Canada, so you've made a deposit or started a trial membership. You should go to your site account and talk to customer service if needed to clarify what you've paid and how many questions you're getting for that payment. I can't help you with that because I'm not a site employee in the offices of JustAnswer in San Francisco, I'm a lawyer working from home in Canada.

Can you tell me more about this situation where the employee suddenly resigned? Don't use details that can identify anybody.

Customer
I paid already
Customer
She walked into my office and telling she does not work to work any more
Customer
However, she said she wants to get EI
Customer
she asked to fill a ROE using layoff
Customer
I told her I have to ask about the risk
Customer
She packed everything at the end of the day (1/5
Customer
She did not show up for two days
Customer
I sent her an email to her company account asking her for last day of work
Customer
She did not reply
Customer
I sent another one to her personal email and I have not received any reply
Customer
Are you still with me?
Customer
Hello???
img

Ulysses101, Expert

I'm here. This window is set up like a chat, but I'm looking at other questions too. Be patient.

Anything further?

Customer
My other question is what if she shows up next week? I actually hire a replacement who will come in next Tuesday. What is my options in this situation?
img

Ulysses101, Expert

I think that if the employee says that the left, and then doesn't show up for work for a period, and you tried to contact the employee but they didn't respond, you're entitled to assume that they meant it and that they are gone.

You do have to provide a ROE and you're free to say that she resigned on it. Then she will have a hard time getting EI, but that's her problem.

You can sue her for not giving you proper notice. Contractually, both the employer and employee owe each other notice of the intention to terminate their relationship. But it's usually not worth it for the employer to sue the employee for those damages alone.

Does that make sense?

Customer
What if she shows up next week?
Customer
Can I ask her to leave?
Customer
Will this become a termination?
Customer
I need her desk for her replacement.
Customer
She does not have a letter to confirm that
Customer
She could say I terminated her
Customer
Do I need evidence to confirm her resignation?
Customer
We do not have a contract in place
Customer
If she wants EI and she could not get it
Customer
then she will find a way to get it
Customer
What if she files a labor claim?
img

Ulysses101, Expert

She has already resigned. She packed up her things and left and didn't return for several days. That confirms that this wasn't simply a heated storming off. And she didn't reply to your communication, and now you have taken time and resources to replace her.

She can claim that she didn't mean it but in these circumstances I believe that you are free to treat her as having resigned. You can take her back if you wish but you don't have to.

Feel free to send her a letter now, summarizing what happened: that she verbally resigned, then cleaned out her work place, didn't respond to your emails, and now you've replaced her, and that she'll get her RoE in due course.

If she wants to file a labour claim, you can't stop her. She's going to anyway regardless of what you do. She doesn't seem to want her job back. She can claim that you terminated her but then EI will contact you about it, and then the fight is between her and EI. If you have that letter you sent to her then that would help your position.

Customer
a letter without a reply will work as well?
img

Ulysses101, Expert

Yes, I'd recommend that you send her such a letter right away, and the RoE done too.

Customer
A girl close to her told me that she might come back next week
Customer
I can concludes her last day as this Friday in my letter?
Customer
If she does not reply I can send out ROE next week?
Customer
when she file a claim it is not a court case?
Customer
it will be settled by EI - service Canada?
Customer
The fact is that I do not have a contract in place. Will this make me exposed?
img

Ulysses101, Expert

You can say that her last day of work was the day she walked out.

There's no mandatory cooling off period for a hasty resignation. And if the employee does other things to confirm their resignation (hasty or otherwise) such as clean out their work space, turn in company property, etc. then the employer is entitled to assume that the employee really meant to resign.

It would be better if you had an employment contract, but it won't be fatal.

There will only be a court case if she hires a lawyer to take the case and sue you in court. I suspect that she's unlikely to do that, and even if she does it's not a slam dunk so the lawyer won't work on consignment, rather will want to be fully retained up front.

I can't guarantee you that nothing bad will happen. I can tell that you're worried but she'll do what she's going to do. And that will probably be nothing. Sending her that letter helps you, get it out today if you can.

Customer
Ok
Customer
If it goes to court then common law will be applied since I do not have a contract right?
Customer
but in order for this to happen she has to hire a lawyer right?
Customer
This is what in my last email sent to her on 1/5
Customer
As we discussed today in my office you have requested resignation.Can you please confirm your last day in work for me?
img

Ulysses101, Expert

Yes, common law principles of assessing liability and damages. She should get a lawyer but doesn't have to.

I know that you want to do whatever it takes to not get sued, but you can't stop her if she really wants to.

Customer
The reason I am worried in this case is that she asked favor from me and I understand I cannot do the favor . I called service Canada and I was told I could be in jail if I hide a quit.
Customer
In what case she could engage a court without a laywer?
img

Ulysses101, Expert

She can start a civil suit without a lawyer like anybody else. She could claim that she was dismissed, and seek pay in lieu of notice and damages.

Customer
If she shows up next week and she is willing to sign a resignation letter. Would that be better solution?
Customer
Or it is better to send her an email today'
Customer
to make it a fact
img

Ulysses101, Expert

No, your position is that she has already resigned. And the letter is simply you generating future evidence for yourself in case this gets stupid or ugly.

If you ask her to confirm that she has left, your saying that it's open to her to say that she's not yet left at all. See what I mean?

Customer
ok, I see
Customer
Is it better to have a contract with each employee?
img

Ulysses101, Expert

Yes, absolutely.

Customer
How much would it cost to get this in place?
img

Ulysses101, Expert

I can't tell you that, it depends on whether the contracts need to be detailed or modified in any unusual way. You can google a standard form employment contract for your province but you should consult with your own employment lawyer to discuss changes to it designed to protect you.

Customer
ok thank you.
img

Ulysses101, Expert

You're welcome. Good luck and stay safe.

Ulysses

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer