Entrepreneurship & Small Business

Terminated employee - Vacation pay and 2 weeks notice question

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  • Jul 24th, 2016 3:17 pm
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[OP]
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Dec 30, 2007
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Terminated employee - Vacation pay and 2 weeks notice question

We have a daycare and have just termindated an employee who has been with us since March and has been working about 3-4 times a week for an average of 4 hours each day. She was ok at the begining but then became very untolerable, she cause us alot of grief at the work place and with other employees. Last week we had to do a last minute schedule change an gave her a day off, she got really mad and started to call different ministries in order to hurt our business. Once we found out we obviously terminated her employment right away for the fear she might not be good around the kids anymore as she has a new agenda of trying to hurt us.

Anyways my question is, she was not a full time employee and she works at a different job as well (thats the reason she only wanted part time), in terms of Vacation pay and the 2 weeks notice how does it work?
She ofcourse is demanding 2 weeks worth of pay and vacation pay. What is the legit way of doing this? we obviously dont want to pay her a dime more than what she actually worked.
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Aug 16, 2009
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Oh jeez, I guess I'll get the ball rolling. Since you are an employer you should probably educate yourself on labour laws.

I was going to answer your question, but.........you created the exact same thread earlier in the year and never bothered to reply.....letting-employee-go-what-rules-1930891/ In fact, RFD helped answer your call. I assume this in relation to the same employee.

So why are you asking the same question again?
[OP]
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smokescreen15 wrote:
Jun 29th, 2016 4:32 pm
Oh jeez, I guess I'll get the ball rolling. Since you are an employer you should probably educate yourself on labour laws.

I was going to answer your question, but.........you created the exact same thread earlier in the year and never bothered to reply.....letting-employee-go-what-rules-1930891/ In fact, RFD helped answer your call. I assume this in relation to the same employee.

So why are you asking the same question again?
Yes but my previous question was in regards to an employee that only started. This employee worked for over 3 month.
Im an employer yes but we are new to that and this is a forum to ask for help. I read everything on the Ontario website but want to get confirmation and more help here if thats ok with you...
If its so hard for you to answer this than please dont. otherwise thanks for your help
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Oct 8, 2014
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you owe her Vacation Pay which I think would be 4% (could be different depending on the provincial laws) of total ours she has worked till the termination day
as for the 2 weeks of pay that is bit different, normally you would ask them to provide you with 2 weeks of notice before they leave work therefore, it works the same way if you were to terminate the employee on the spot
Now, as to how much to pay the employee there are couple of options
1. pay the employee their scheduled shifts upto 2 weeks
2. if you don't have a schedule then i would just pay them for 7 days, 4 hours shift (this assumes that she would have worked 3 days 1 week and 4 days 2 week)

if you provided any equipment to them while working and they have not returned it you can withhold the pay until they return (if you had them sign the document when hired)

as always you can call the labour board and check with them how to pay the last paycheck
[OP]
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bajwamar wrote:
Jun 29th, 2016 4:42 pm
you owe her Vacation Pay which I think would be 4% (could be different depending on the provincial laws) of total ours she has worked till the termination day
as for the 2 weeks of pay that is bit different, normally you would ask them to provide you with 2 weeks of notice before they leave work therefore, it works the same way if you were to terminate the employee on the spot
Now, as to how much to pay the employee there are couple of options
1. pay the employee their scheduled shifts upto 2 weeks
2. if you don't have a schedule then i would just pay them for 7 days, 4 hours shift (this assumes that she would have worked 3 days 1 week and 4 days 2 week)

if you provided any equipment to them while working and they have not returned it you can withhold the pay until they return (if you had them sign the document when hired)

as always you can call the labour board and check with them how to pay the last paycheck
Thank you
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May 25, 2009
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If you are in Alberta you only have to provide one week notice to terminate an employee who has worked for less than two years. If you are in a different province the minimum termination notice would be different.
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calgaryhhr wrote:
Jun 30th, 2016 1:15 pm
If you are in Alberta you only have to provide one week notice to terminate an employee who has worked for less than two years. If you are in a different province the minimum termination notice would be different.
You are correct. I checked the Ontario website and found this chart:

The following chart specifies the amount of notice required:

Amount of notice required if an employee has been continuously employed for at least three months


Less than 1 year - 1 week
1 year but less than 3 years - 2 weeks
3 years but less than 4 years - 3 weeks
4 years but less than 5 years - 4 weeks
5 years but less than 6 years - 5 weeks
6 years but less than 7 years - 6 weeks
7 years but less than 8 years - 7 weeks
8 years or more - 8 weeks
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Jun 28, 2016
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urir10 wrote:
Jun 29th, 2016 4:23 pm
We have a daycare and have just termindated an employee who has been with us since March and has been working about 3-4 times a week for an average of 4 hours each day. She was ok at the begining but then became very untolerable, she cause us alot of grief at the work place and with other employees. Last week we had to do a last minute schedule change an gave her a day off, she got really mad and started to call different ministries in order to hurt our business. Once we found out we obviously terminated her employment right away for the fear she might not be good around the kids anymore as she has a new agenda of trying to hurt us.

Anyways my question is, she was not a full time employee and she works at a different job as well (thats the reason she only wanted part time), in terms of Vacation pay and the 2 weeks notice how does it work?
She ofcourse is demanding 2 weeks worth of pay and vacation pay. What is the legit way of doing this? we obviously dont want to pay her a dime more than what she actually worked.
If you are firing her for a just cause, you don't have to give her any notice. Lot of people get fired on the spot for illegal things, insubordination etc. This is a firing, not some lay off. The cause has to be just according to the law, and not what you think is just.

You definitely have to pay her any accumulated vacation pay, paid leaves etc. Now if there is any other severance pay etc, I don't know, you might have to research on that. Plus she is probably entitled to a ROE, in case she has to apply for EI etc.

Since she was just PT and only working 3-4 times a week and only 4 hrs each day, and has only been around for 4 months or so. I don't think it will be a big amount you owe her, if any. If you can just pay her that and get rid of here, less headache and more peace of mind for both of you.

If she goes to Ministry of Labour, Human Rights lawyers, Employment lawyers etc it could be more trouble for you, even if you are right and she is wrong. Do the practical thing andbget rid of her if its just a few bucks here and there.
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acta1980 wrote:
Jun 30th, 2016 5:41 pm
If you are firing her for a just cause, you don't have to give her any notice. Lot of people get fired on the spot for illegal things, insubordination etc. This is a firing, not some lay off. The cause has to be just according to the law, and not what you think is just.

You definitely have to pay her any accumulated vacation pay, paid leaves etc. Now if there is any other severance pay etc, I don't know, you might have to research on that. Plus she is probably entitled to a ROE, in case she has to apply for EI etc.

Since she was just PT and only working 3-4 times a week and only 4 hrs each day, and has only been around for 4 months or so. I don't think it will be a big amount you owe her, if any. If you can just pay her that and get rid of here, less headache and more peace of mind for both of you.

If she goes to Ministry of Labour, Human Rights lawyers, Employment lawyers etc it could be more trouble for you, even if you are right and she is wrong. Do the practical thing andbget rid of her if its just a few bucks here and there.
Thats what im thinking too, we will just pay her the 1 week notice as per the Ontario Labour site and be done with it.
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Jan 18, 2008
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[QUOTE]If you are firing her for a just cause, you don't have to give her any notice. [/QUOTE]
Of course you have to be able to prove it was just cause. If she was still employed after becoming intolerable and causing grief, and then was terminated because she complained to the govt about a sudden day off, it might be hard to claim it was with cause.

Paying the week is the easiest thing (as OP said will happen), though does a part-time employee get a full week's pay, or is it [for example] the average week worked -- i.e. if they averaged 16hr/wk, can the employer give 16hr pay in lieu of a week's notice? (Serious question, I don't know the answer).

=aw

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