Entrepreneurship & Small Business

Laid off employee refused to come back

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  • Jun 1st, 2020 10:25 pm
Deal Addict
Jul 10, 2014
2549 posts
849 upvotes
Ottawa, ON
edkate wrote: We just spoke to employment lawyer:
He suggested the following:
1. Ask him to resign - as he refuses to come back (until September). This way he is no longer eligible for EI or CERB.
2. Leave ROE as is with Shortage of work code --> this way employee has EI. But lawyer suggested to draw a letter package so this employee doesnt come back after us from wrongfull dismissal and lawyer would draw a Release letter from employer. This would cost $500 :(
3. Full Dissmisal or termination by our company - 2 weeks termination notice and severance pay, to be backdated (whatever this is). ROE states Dismisal.

Of course lawyer wants to make money on release pkg but i am also hesitant about the whole situation if government decides to do an audit. We want to do by the books.
Number 3 is minimum two weeks pay but could go as high as two months pay, just to be clear on that.
[OP]
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Feb 16, 2004
1537 posts
59 upvotes
York Region
Or the easier and happier way for everyone is:
to add more in job description and just hire a new person with qualifications (previous employee already refused those tasks (computer related) and job industry related (very specific (he was given a year to train on it yet failed to accomplish satisfactory)).
[OP]
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Feb 16, 2004
1537 posts
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York Region
djdestroyer wrote: Number 3 is minimum two weeks pay but could go as high as two months pay, just to be clear on that.
Understandable and Thank you!
Sr. Member
Dec 17, 2009
548 posts
497 upvotes
Toronto
1. According to labour relation, you can request him to resign, but can’t force him. So if he refuses, not much you can do.

2. Leave ROE as is with Shortage of work code --> this way employee has EI. But lawyer suggested to draw a letter package so this employee doesnt come back after us from wrongfull dismissal and lawyer would draw a Release letter from employer. This would cost $500 :(

This is what I did, I wrote a release letter and sent it to that employee by registered mail. I didn’t hire a lawyer since it costs so much.

3. Full Dissmisal or termination by our company - 2 weeks termination notice and severance pay, to be backdated (whatever this is). ROE states Dismisal.

We don’t want to do this, severance pay is the main reason. I just feel mad if I need to pay that employee more money.
Also we can’t hire a new person to do the same job duty.
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Jan 31, 2006
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Toronto
tofubb wrote: 1. According to labour relation, you can request him to resign, but can’t force him. So if he refuses, not much you can do.

2. Leave ROE as is with Shortage of work code --> this way employee has EI. But lawyer suggested to draw a letter package so this employee doesnt come back after us from wrongfull dismissal and lawyer would draw a Release letter from employer. This would cost $500 :(

This is what I did, I wrote a release letter and sent it to that employee by registered mail. I didn’t hire a lawyer since it costs so much.

3. Full Dissmisal or termination by our company - 2 weeks termination notice and severance pay, to be backdated (whatever this is). ROE states Dismisal.

We don’t want to do this, severance pay is the main reason. I just feel mad if I need to pay that employee more money.
Also we can’t hire a new person to do the same job duty.
He refused to come back, you offered him a severance package. Then still you can not hire a replacement?
[OP]
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Feb 16, 2004
1537 posts
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York Region
dazz wrote: Not really true. Not to mention even contract workers are entitled to severance if they've been working for a company for many years. These days some companies try to get away from paying various benefits by only hiring contractors, who work the same hours as regular employees year after year. Well, the law is on employee side and an employment lawyer can determine that easily.

As for OP, from my experience, the employee was laid off. You have very little obligation at this point. You asked to return to work and your request was ignored and not for valid reasons(eg health). You are clear to hire anyone you want. Personally, I would also made a CRA report. Seems like everyone is abusing the system these days and finding ways to not work and get paid.
Thank you!
What would your write back in response to his Leave of absence?
I wrote that we require him to come back to work also small paragraph from Internet like this:

"Also note, that due to the fluidity of the situation we cannot predict how long the recall will last and your work schedule and pay obligation may be impacted.
As a reminder, if you are collecting CERB or EI, you are required to inform federal government of Notice of Recall to Work"
PLUS
another paragraph about Personal Protective Equipment to be used at work.
AND FINAL THIS
"Unfortunately we cannot accept your Leave of Absence request. If you are unable to return to work, you would have to resign from your position.

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