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Ontario Labour Laws and Resigning: I want to quit my current job during my probation do I need to give 2 weeks notice ?

  • Last Updated:
  • Oct 11th, 2019 10:24 am
[OP]
Newbie
Oct 9, 2019
3 posts

Ontario Labour Laws and Resigning: I want to quit my current job during my probation do I need to give 2 weeks notice ?

Good evening to everyone.

I would like to have your advise/view on my current situation about the quitting my current job - I work at a very small company of about 5 people and the owner's role is pretty much everything - he is the HR, Payroll, Assignment of work and so on as he owns the company..

I am planning to quit this job and I have been working here for just over one month. In the signed job contract - its mentioned like - "Its agreed that the first 3 months of your employment will be probationary period". Should either party find the employment relationship unsatisfactory then relationship can be terminated anytime in accordance with termination provisions set out below"

C) Resignation: You may resign from your employment at any time upon giving the Company only two (2) weeks of advance written notice. In the event that you resign from your employment, you shall only receive payment of any unpaid earnings up to the end of the two (2) week resignation notice period; and payment of accrued vacation pay, if any, that shall have been earned by you prior to the end of the resignation notice period but not yet paid.

The Company may, in its sole discretion, may waive any and all of the notice of resignation that you provide and, in so doing, its only obligation shall be to provide you with outstanding wages and vacation pay up to and including your last active day of employment and any other entitlements required by the ESA, as amended from time to time.

**I don't want to work at this place even a single day because he has really made me to do this things that was never part of the job, no proper pay for the Over-Time, calls me on my cell phone at 10 PM to work and he says in Ontario even if you work on weekend but if its less than 44 hours you are Not entitled to receive overtime pay doesn't matter you work 10pm-3am on a Saturday night.

I called ESA helpline and they said you are legally obliged to give 2 weeks notice but if employer can terminate me anytime with or without cause during probation why cannot I quit with out notice during probation.

Please advise if I can quit the job without giving 2 notice period. The employer is based out of GTA region. Please help and share your advise.

Thank you.
6 replies
Deal Fanatic
User avatar
Jan 31, 2006
7159 posts
1821 upvotes
Toronto
ESA already give you a sound advice. But you can talk to your employer nicely and they might let you go without 2 weeks notices.
Deal Addict
Sep 22, 2013
2290 posts
1434 upvotes
Julian2012 wrote: Good evening to everyone.

I would like to have your advise/view on my current situation about the quitting my current job - I work at a very small company of about 5 people and the owner's role is pretty much everything - he is the HR, Payroll, Assignment of work and so on as he owns the company..

I am planning to quit this job and I have been working here for just over one month. In the signed job contract - its mentioned like - "Its agreed that the first 3 months of your employment will be probationary period". Should either party find the employment relationship unsatisfactory then relationship can be terminated anytime in accordance with termination provisions set out below"

C) Resignation: You may resign from your employment at any time upon giving the Company only two (2) weeks of advance written notice. In the event that you resign from your employment, you shall only receive payment of any unpaid earnings up to the end of the two (2) week resignation notice period; and payment of accrued vacation pay, if any, that shall have been earned by you prior to the end of the resignation notice period but not yet paid.

The Company may, in its sole discretion, may waive any and all of the notice of resignation that you provide and, in so doing, its only obligation shall be to provide you with outstanding wages and vacation pay up to and including your last active day of employment and any other entitlements required by the ESA, as amended from time to time.

**I don't want to work at this place even a single day because he has really made me to do this things that was never part of the job, no proper pay for the Over-Time, calls me on my cell phone at 10 PM to work and he says in Ontario even if you work on weekend but if its less than 44 hours you are Not entitled to receive overtime pay doesn't matter you work 10pm-3am on a Saturday night.

I called ESA helpline and they said you are legally obliged to give 2 weeks notice but if employer can terminate me anytime with or without cause during probation why cannot I quit with out notice during probation.

Please advise if I can quit the job without giving 2 notice period. The employer is based out of GTA region. Please help and share your advise.

Thank you.
Nothing is stopping you from telling your employer I’m done and not coming back.

Nobody can ‘force’ you to go to work. Yes the ESA says you need to give two weeks notice but what can they really do to enforce that? Nothing. However, you will likely not be able to use that place as a reference, and keeping in mind you said how small the company is, he may screw around with your final pay if you just up and and quit and leave them in a bind.
Member
Feb 8, 2017
455 posts
257 upvotes
you could quit on the spot. but i would suggest you give them 2 weeks notice. be prepared for them to walk you out the door right then. during the probation period the company doesn't owe you anything.
[OP]
Newbie
Oct 9, 2019
3 posts
I would like sincerely thank you everyone, I am going to the work place now and hopefully things may be undercontrol.. I really felt like a personal servant to him the way he treats me, shouts at me, sometimes expresses his anger on the hardware things abusing indirectly as he cannot tell me any profanity words.. I just don't know why an employee doesn't have the right as per ESA to quit with immediately when employer can dismiss someone within these 3 months of probation.
Thank you once again.
Deal Fanatic
Sep 23, 2007
5061 posts
1158 upvotes
Law is only a set of words and guidelines. Enforcement is entirely a different set of problem Nobody can force you to give 2 weeks notice or make you show up to work. Most companies would not bother to mount a legal case against you for this kind of thing. That said, connections and referrals are important in the industry. If you move to another company in the industry, don't be terribly surprised if you are declined a job offer. You will never know why. Sometimes managers hear things. As they move around companies, word spreads. If you burn a bridge, you'd likely never be able to work in this company again. Though based on what you said, that's probably a good thing. Your boss sounds horrible.
Last edited by BananaHunter on Oct 11th, 2019 10:24 am, edited 1 time in total.
Deal Fanatic
User avatar
Jan 31, 2006
7159 posts
1821 upvotes
Toronto
Julian2012 wrote: I would like sincerely thank you everyone, I am going to the work place now and hopefully things may be undercontrol.. I really felt like a personal servant to him the way he treats me, shouts at me, sometimes expresses his anger on the hardware things abusing indirectly as he cannot tell me any profanity words.. I just don't know why an employee doesn't have the right as per ESA to quit with immediately when employer can dismiss someone within these 3 months of probation.
Thank you once again.
As post#3, mention you can walk out of your job anytime since you are still in probation. But prepare for the worse scenario, your next employer might/may know your current employer and the blah. blah... will hurt you a lot down the line.

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