Thread: Quitting without giving two weeks notice
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Dec 11th, 2006 11:01 AM
#1
Quitting without giving two weeks notice
G'day all.
What's the legal precident with regards to witholding pay if an employee quits without giving two weeks notice?
Edit: A bit more information.
Part time work, been with the company about 3 months (perhaps just over). Retail work.
Thanks for your help,
terribly
Last edited by terribly; Dec 11th, 2006 at 11:03 AM.
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Dec 11th, 2006 11:14 AM
#2

Originally Posted by
terribly
G'day all.
What's the legal precident with regards to witholding pay if an employee quits without giving two weeks notice?
Edit: A bit more information.
Part time work, been with the company about 3 months (perhaps just over). Retail work.
Thanks for your help,
terribly
They have no right to withhold pay. They would have to prove that YOU were a direct cause for the company losing money. They would have to prove to a judge that they did everything reasonably possible to replace you, including asking all current employees and having the boss work as well. Is the store going to have to lock the doors because you are not there? No. You can not be forced to work a job, period. No two weeks. Unless there is some sort of tangible contract that hinges on you being a resource for said contract, again they have no grounds. Since you say you are in retail, I’ll guess this is a store in a mall with a position that can easily be filled and your employment there doesn’t affect sales one way or the other.
As far as your pay in concerned, check with your local Ministry of Labour, but generally, your final pay check, including vacation pay is due 2 weeks after the next pay period. So if pay is every 2 weeks, and the next pay is this Friday, they have 2 weeks from this Friday to give you your final pay, with no right to withhold.
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Dec 11th, 2006 11:18 AM
#3
Thanks for the info!
It is retail, the position being sales associate; lets say the company sells electronics and similar equipment.
I have perhaps caused more work for the company (in having a shortage of staff come Christmas time), but they won't have to close down or the like.
Now I just have to go over the company hire package to see if there's anything they've got on me in there...
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Dec 11th, 2006 05:10 PM
#4
give human resources a call and tell them whats going on, this happened to a buddy of mine before and they advise you to try and deal with the employer first but if you've already done that they will contact your employer for you and basically force them to pay you
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Dec 12th, 2006 07:47 AM
#5
Do you mean pay for hours worked? They can't withold that, even if you were fired for cause. Call the ministry.
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Dec 12th, 2006 09:17 AM
#6
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