Difference between revisions of "If You Quit Your Job (No. 280)"

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{{REVIEWEDPLS | reviewer = [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Jennifer Hagen], Employment Standards Branch|date= October 2017}} {{Dial-A-Law TOC|expanded = work}}
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If you '''quit a job''' voluntarily, this affects your legal rights to things like Employment Insurance benefits and compensation you are owed. Learn your rights if you quit your job.
  
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{{Dial-A-Law TOC|expanded = employment}}
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==Understand your legal rights==
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This script describes your rights under the BC ''Employment Standards Act'' (the Act) if your job ends, or terminates – whether you quit or you are fired or laid off. The Act is available at [http://www.bclaws.ca www.bclaws.ca]. You may also have other rights under your employment contract and they may be greater than your rights under the Act. Generally, your contractual rights cannot be less than the minimum protections under the Act. Some of your rights under the Act, such as the right to overtime pay, may not be available under your employment contract. Check script [[If You're Fired - Wrongful Dismissal (Script 241)|241]], called “If You're fired - Wrongful Dismissal”. It explains that if you’re fired, you may be able to sue your employer in court for breach of contract. That could be instead of, or in addition to, seeking the minimum protections in the Act. In some cases, you cannot do both things – you have to choose. This can be a complicated area and you should get legal advice about your case before deciding what to do.
 
  
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==Were you an employee? Were you in a union?==
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===Your rights depend on the type of worker you are===  
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This script applies only to non-union employees – not to partners, contractors, or employees in unions. If you belong to a union, the collective agreement between the union and the employer has rules about terminating employees. If you’re a partner or contractor, your contract controls the situation. But many people who are called contractors or partners are actually employees under the Act. The Act focuses on the real relationship between you and the person or organization you worked for, not on what you were called. So, if a person or organization directed and controlled your work, provided the tools and equipment you needed to do your work, and paid you a wage, you were probably an employee under the Act, even if you were called a partner or contractor.
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Your rights if you quit your job depend in part on the type of worker you are seen to be under the law.  
  
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Lastly, the script applies to most BC workers because provincial law covers them. But it doesn’t apply to those who work for the federal government or in an industry regulated by the federal government, like banks and airlines – federal laws apply to them.
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A BC law, the ''[http://canlii.ca/t/8405 Employment Standards Act]'', sets minimum standards for employers in how they treat workers. This law applies to “employees” — which covers most but not all workers in the province.
  
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==Did you quit?==
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For example, it doesn’t apply to workers in '''industries regulated by the federal government''', such as banks and airlines. Federal laws apply to them.
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If you quit your job, the Act doesn’t require you to give your employer any notice that you’re going to quit. But your employment contract (oral or written) may require you to do so. Generally, employees who have higher-level jobs must give some notice; if they don’t, their employer may sue them (however, this is a very rare event). The amount of notice depends on several things including the type of job, how long they had the job, and general labour market conditions. Even if you don’t have to give notice, it is usually a good idea to do so.
 
  
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If you quit, your employer must pay you all wages and vacation pay owing within six days of your last workday.
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Nor does it apply to '''union workers'''. If you belong to a union, the collective agreement between your union and the employer governs your rights at work.  
  
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==Were you fired?==
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As well, this provincial law doesn’t apply to '''independent contractors'''. These are people who are self-employed, who run their own business. If you’re an independent contractor, your contracts with the people you work for control the situation.
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Employers can fire employees in several ways. Your boss may say, “you’re fired”. Or, your boss may fire you in a much more subtle way and the Act recognizes this. For example, you may have been demoted without your consent. Your salary may have gone down. Or your boss may have reduced your responsibilities and duties. Usually, if your employer makes any important change in your job without your consent, it may be a dismissal under section 66 of the Act. If an employer fired you this way, the Employment Standards Branch (which enforces the Act) might find that you were fired – even though no one ever said, “you’re fired”.
 
  
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==What happens if you are fired?==
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===Giving your employer notice===
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If you were fired for “just cause”  – explained in the next section – the Act doesn’t require the employer to give you any notice that you are going to be fired, or to pay you anything. But if you were fired without just cause, the Act says the employer must either give you written notice that you’re going to be fired – or pay you the wages you would earn in the notice period. These wages are called compensation for length of service, and are sometimes known as termination pay or severance pay. An employer can give you an equivalent combination of notice and compensation. Some exceptions are described later in this script.
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If you quit your job, the ''[http://canlii.ca/t/8405 Employment Standards Act]'' does not require you to tell your employer ahead of time. However, your employment contract may require you to do so. (There’s always a contract between a worker and an employer. Even if nothing is in writing, an [https://www.peopleslawschool.ca/everyday-legal-problems/work/rights-work/your-employment-contract employment contract] still exists.)
  
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If you get written notice of termination, your job continues until the end of the notice period. During the notice period, the Act prevents your employer from changing your conditions of employment without your written consent.
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Workers with a lot of responsibility may have to give notice and can be legally liable if they do not. But these positions are uncommon and the circumstances are generally known to the worker when they take the position.  
  
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If your employer gives you notice during your annual vacation, while you are on any type of leave, or during a strike or lockout, the notice is not legally valid. The employer must wait until you return to work before giving you written notice of termination.
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Even if you don’t have to give notice, it is usually a good idea to do so. Letting your employer know in advance gives them time to find someone to replace you. The amount of notice you give depends on several factors, including the type of job, how long you have had the job, and the general market conditions. Two weeks’ notice is common.
  
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==What is “just cause”?==
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Giving your employer plenty of notice is recommended if you want your employer to give a good reference for you when you apply for a new job. 
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“Just cause” usually means that you did something seriously wrong, such as stealing from your employer or refusing to carry out a job duty. Your employer may have just cause to fire you if you:
 
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*use drugs or alcohol that interfere with your job performance
 
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*ignore a strict rule of “no alcohol during work hours”
 
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*intentionally disobey your boss
 
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*consistently refuse to follow a clearly defined chain of authority in a tightly-knit business
 
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*are disloyal to your employer or put yourself in a conflict of interest; for example, you set up a business to compete directly with your employer
 
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*ignore a clear workplace policy, procedure, or rule
 
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*are dishonest about something important
 
  
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There may also be other cases of just cause, and things aren't always as clear-cut as these examples. An employer does not have just cause to fire you if the employer is simply dissatisfied with your recent job performance. An employer may have to warn you before firing you. An employer may even have to offer you reasonable job training.
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===If you give your employer notice===
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If you do give notice, the employer may accept or refuse the notice.  
  
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Some employers may try to avoid giving you notice or compensation by saying there is just cause to fire you, even if there wasn’t. If you are fired and the employer says there was just cause, look very carefully at the employer’s reasons for firing you to see if there really is just cause. For example, there’s no just cause if you are dismissed because your employer is losing money or is reorganized, or because your job becomes redundant or is eliminated by technological change. A personality conflict between you and your boss may not be just cause – it depends on the facts of the case. In all these cases, the employer must give you written notice or compensation.
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If they accept your notice, you are not entitled to compensation for length of service. (See our information on [[If You Are Fired: Wrongful Dismissal (No. 241)|if you are fired, no. 241]], for the minimum standards for notice or compensation if the employer is the one ending the work relationship.)
  
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==If you were fired without just cause, the Act says you get written notice or compensation for length of service==
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If the employer refuses the notice, or terminates you during the notice period, the employer must pay you compensation. They must pay you the lesser of the remaining amount of notice you have given, or the minimum notice period you are entitled to under the law (see our information on [[If You Are Fired: Wrongful Dismissal (No. 241)|if you are fired]] for details).
  
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===How much written notice or compensation?===
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===Your employer must pay any outstanding wages within six days===  
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The Act sets the following minimum amounts for written notice of termination and compensation for length of service. An employer can give you notice or pay (compensation), or a combination of the two – as long as you get the proper amount in total. If you have been employed less than 3 months in a row, no notice or pay is required. But if you have been employed for at least:
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Regardless of whether you notify your employer ahead of time that you’re quitting, they have '''six days''' from your last day of work to pay you all wages and pay owing. This includes any annual vacation pay, statutory holiday pay, and overtime either worked or in a time bank.
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*3 months in a row, you get at least 1 week’s notice or pay
 
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*12 months in a row, you get at least 2 weeks’ notice or pay
 
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*3 years in a row, you get an additional week’s notice or pay for each additional year of service, to a maximum of 8 weeks
 
  
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If your employer gives you pay instead of notice, the pay is based on your average weekly wages during your last 8 weeks of normal work.
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===Your eligibility for Employment Insurance benefits=== 
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If you quit your job, you will usually not be eligible to receive Employment Insurance (EI) benefits. The exception to this rule is if you had '''no other reasonable choice''' except to leave your job. Some examples are:
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*you experienced sexual or other harassment
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*you experienced discrimination
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*your working conditions were unsafe
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*your employer was not paying you the wages that were legally owed to you
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*your employer made major changes to your work duties
  
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If you are fired, your employer must pay all your wages and vacation pay within 48 hours of firing you – no matter why you are fired.
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When you apply for EI, you will probably have to describe your situation and explain what steps you took to fix the problem before you quit. If you convince EI you had no other reasonable choice but to quit, you may be eligible to receive EI benefits. For more on eligibility for Employment Insurance benefits, visit [http://canada.ca/ei canada.ca/ei] or call 1-800-206-7218.  
  
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If an employer fires you because of pregnancy, parental or family responsibility, or jury duty, the employer may have to pay you more money unless it can show that it did not fire you for these reasons. In some cases, you can be reinstated, or put back, in your old job – but usually this is not realistic for employers or employees.
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===If you didn’t quit voluntarily, but were “constructively dismissed”===
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Sometimes a worker who quits their job doesn’t truly leave the job voluntarily. They may be reacting to a form of veiled dismissal. Instead of saying “you’re fired!”, an employer might do something more subtle that causes the worker to feel like they have no reasonable choice but to quit. It might be an unexpected demotion. Or a significant reduction in hours or pay.  
  
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===Exceptions: other times when notice and pay are not required===
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If your employer changes your work situation in a fundamental way, and you don’t accept that change, you may have the same legal rights as someone who is fired. What happened to you is the legal equivalent of being dismissed. The law calls it “'''constructive dismissal'''”. This applies when your employer does something that:
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An employer can fire you without giving you any notice or pay if you:
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*changes a key aspect of your employment in a major way, '''and'''
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*could accept or reject any work the employer offered you
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*is not something you should have expected, '''and'''
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*were hired for a specific period
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*you don’t agree to or accept.
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*were hired for specific work that would not last over 12 months
 
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*were laid off because of something unpredictable like a flood or fire
 
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*worked at a construction site for a construction firm
 
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*refused a reasonable offer of a comparable job with the employer
 
  
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===Exceptions: some people are not covered by the Act===
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If you’ve been constructively dismissed, you have the same rights as someone who was fired without cause. That includes the right to “notice” or “severance pay” from your employer. Severance pay is money you’re given in exchange for being let go without notice. See our guidance on [[If You Are Fired: Wrongful Dismissal (No. 241)|if you are fired (no. 241)]] for details.
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The Act does not apply to people who are:
 
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*professionals such as doctors, lawyers, architects, accountants, and dentists
 
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*real estate agents
 
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*secondary school students in work-study programs
 
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*sitters (defined in the regulations, this can include more than babysitters; for example, someone who looks after a disabled person may be a sitter)
 
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*in certain government incentive programs
 
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*in job creation programs under the Employment Insurance program
 
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*primary or secondary school students working 15 hours or less a week as newspaper carriers
 
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*in industries regulated by the federal government such as banks and airlines
 
  
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Other people not covered by parts of the Act that deal with termination are:
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{| class="wikitable"
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*student nurses
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|align="left"|'''Tip'''
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*teachers
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For more on constructive dismissal, see People’s Law School’s information on [https://www.peopleslawschool.ca/everyday-legal-problems/work/getting-fired-or-laid/if-your-employer-has-made-big-changes-your-job if your employer has made big changes to your job]. Get legal advice before accepting a demotion or transfer you think is not fair.
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*voluntary and auxiliary fire fighters
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|}
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*fishers (this term is defined in the regulations)
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===Looking for another job===
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You can look for another job before you quit. If you don’t want your current employer to be contacted, indicate on your résumé and application that you are applying “in confidence”. This way you can still list your current job as part of your employment history.
  
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==Rules for layoffs==
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Before making a final decision, an employer may ask for a current job reference. You can give the name of a co-worker if you don’t want your supervisor or employer to know.  
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Temporary layoffs are still considered termination (requiring notice or compensation), unless the employee consents or if there is an implied or explicit term allowing this in the contract. A temporary layoff includes the case where you earn less than 50% of your normal wages because your work hours are reduced. If a temporary layoff is allowed, it can last up to 13 weeks in any period of 20 weeks. After 13 weeks of layoff, the Act considers an employee to be terminated when the layoff started.
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==Get help==
  
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==Rules if 50 or more employees are fired==
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===With more information===
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If an employer fires 50 or more employees at a single location within a two-month period, special rules apply unless the terminations are part of a normal seasonal reduction in staff. The employees are entitled to more notice or pay – between 8 and 16 weeks more – depending on the total number of employees who are terminated. In this situation, you should contact the Employment Standards Branch.
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The '''Employment Standards Branch''' administers the law in BC that sets minimum standards for workers.
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:Toll-free: 1-800-663-3316
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==Summary and where to get more information==
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:Web: [http://gov.bc.ca/employmentstandards  gov.bc.ca/employmentstandards]
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If you’re fired or lose your job in some other way and don’t get written notice or compensation for length of service, the Employment Standards Branch can help you recover compensation and any other unpaid wages owing to you. You can call the information line (1.800.663.3316) or go to the website ([http://www.labour.gov.bc.ca/esb www.labour.gov.bc.ca/esb]) to find out if you have a right to compensation, and if so, how much. (The Branch has facts sheets on termination, just cause and many related topics.)
 
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You will then probably have to ask for payment from your employer through a Self-Help Kit (though there are some exceptions to this). If your employer doesn’t pay you after you do this, you can make a written complaint to the Branch online, in person, or by mail.
 
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But instead, you may be able to sue for breach of contract – for more than the minimum amounts under the Act. Check script [[If You're Fired - Wrongful Dismissal (Script 241)|241]], called “If You're Fired – Wrongful Dismissal” for more information. You may need legal advice about whether to complain to the Employment Standards Branch or sue for breach of contract, or do both. There is debate in the legal profession about whether you can actually do both. Be very careful about accepting a severance or termination package from your employer without first getting legal advice.
 
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If you think you were fired because of your age, gender, religion, or some other personal characteristic, you may have a separate claim under human rights law. In that case, contact the BC Human Rights Tribunal at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC. See its website, at [http://www.bchrt.bc.ca www.bchrt.bc.ca], for more information. Or if you worked for the federal government or in an industry regulated by the federal government, like banks and airlines, contact the Canadian Human Rights Commission at 604.666.2251 in Vancouver and 1.800.999.6899 elsewhere in BC. See its website, at [http://www.chrc-ccdp.ca www.chrc-ccdp.ca], for more information. As well, check script [[Protection Against Job Discrimination (Script 270)|270]], called “Protection against Job Discrimination” and script [[Human Rights and Discrimination Protection (Script 236)|236]], called “Human Rights and Discrimination Protection”.
 
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[updated February 2013]
 
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Contact '''Employment and Social Development Canada''' if you work in a federally-regulated industry.
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:Toll-free: 1-800-641-4049
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:Web: [http://www.esdc.gc.ca/ esdc.gc.ca]
  
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Latest revision as of 22:17, 29 March 2019

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Jennifer Hagen, Employment Standards Branch in October 2017.
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v • d • e

If you quit a job voluntarily, this affects your legal rights to things like Employment Insurance benefits and compensation you are owed. Learn your rights if you quit your job.

Understand your legal rights

Your rights depend on the type of worker you are

Your rights if you quit your job depend in part on the type of worker you are seen to be under the law.

A BC law, the Employment Standards Act, sets minimum standards for employers in how they treat workers. This law applies to “employees” — which covers most but not all workers in the province.

For example, it doesn’t apply to workers in industries regulated by the federal government, such as banks and airlines. Federal laws apply to them.

Nor does it apply to union workers. If you belong to a union, the collective agreement between your union and the employer governs your rights at work.

As well, this provincial law doesn’t apply to independent contractors. These are people who are self-employed, who run their own business. If you’re an independent contractor, your contracts with the people you work for control the situation.

Giving your employer notice

If you quit your job, the Employment Standards Act does not require you to tell your employer ahead of time. However, your employment contract may require you to do so. (There’s always a contract between a worker and an employer. Even if nothing is in writing, an employment contract still exists.)

Workers with a lot of responsibility may have to give notice and can be legally liable if they do not. But these positions are uncommon and the circumstances are generally known to the worker when they take the position.

Even if you don’t have to give notice, it is usually a good idea to do so. Letting your employer know in advance gives them time to find someone to replace you. The amount of notice you give depends on several factors, including the type of job, how long you have had the job, and the general market conditions. Two weeks’ notice is common.

Giving your employer plenty of notice is recommended if you want your employer to give a good reference for you when you apply for a new job.

If you give your employer notice

If you do give notice, the employer may accept or refuse the notice.

If they accept your notice, you are not entitled to compensation for length of service. (See our information on if you are fired, no. 241, for the minimum standards for notice or compensation if the employer is the one ending the work relationship.)

If the employer refuses the notice, or terminates you during the notice period, the employer must pay you compensation. They must pay you the lesser of the remaining amount of notice you have given, or the minimum notice period you are entitled to under the law (see our information on if you are fired for details).

Your employer must pay any outstanding wages within six days

Regardless of whether you notify your employer ahead of time that you’re quitting, they have six days from your last day of work to pay you all wages and pay owing. This includes any annual vacation pay, statutory holiday pay, and overtime either worked or in a time bank.

Your eligibility for Employment Insurance benefits

If you quit your job, you will usually not be eligible to receive Employment Insurance (EI) benefits. The exception to this rule is if you had no other reasonable choice except to leave your job. Some examples are:

  • you experienced sexual or other harassment
  • you experienced discrimination
  • your working conditions were unsafe
  • your employer was not paying you the wages that were legally owed to you
  • your employer made major changes to your work duties

When you apply for EI, you will probably have to describe your situation and explain what steps you took to fix the problem before you quit. If you convince EI you had no other reasonable choice but to quit, you may be eligible to receive EI benefits. For more on eligibility for Employment Insurance benefits, visit canada.ca/ei or call 1-800-206-7218.

If you didn’t quit voluntarily, but were “constructively dismissed”

Sometimes a worker who quits their job doesn’t truly leave the job voluntarily. They may be reacting to a form of veiled dismissal. Instead of saying “you’re fired!”, an employer might do something more subtle that causes the worker to feel like they have no reasonable choice but to quit. It might be an unexpected demotion. Or a significant reduction in hours or pay.

If your employer changes your work situation in a fundamental way, and you don’t accept that change, you may have the same legal rights as someone who is fired. What happened to you is the legal equivalent of being dismissed. The law calls it “constructive dismissal”. This applies when your employer does something that:

  • changes a key aspect of your employment in a major way, and
  • is not something you should have expected, and
  • you don’t agree to or accept.

If you’ve been constructively dismissed, you have the same rights as someone who was fired without cause. That includes the right to “notice” or “severance pay” from your employer. Severance pay is money you’re given in exchange for being let go without notice. See our guidance on if you are fired (no. 241) for details.

Tip

For more on constructive dismissal, see People’s Law School’s information on if your employer has made big changes to your job. Get legal advice before accepting a demotion or transfer you think is not fair.

Looking for another job

You can look for another job before you quit. If you don’t want your current employer to be contacted, indicate on your résumé and application that you are applying “in confidence”. This way you can still list your current job as part of your employment history.

Before making a final decision, an employer may ask for a current job reference. You can give the name of a co-worker if you don’t want your supervisor or employer to know.

Get help

With more information

The Employment Standards Branch administers the law in BC that sets minimum standards for workers.

Toll-free: 1-800-663-3316
Web: gov.bc.ca/employmentstandards

Contact Employment and Social Development Canada if you work in a federally-regulated industry.

Toll-free: 1-800-641-4049
Web: esdc.gc.ca
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