Wrongful resignation law in Ontario?Please help!

[pooky]

I got an excellent new job offer with a company and they asked me to start pretty much right away and I signed the offer.
At my current work, I have seen people leaving on the day they gave notice, so I thought the amount of notice is not a huge deal. Though I do feel guilty that I didn't give my currently employer two weeks notice, so I decided to voluntarily work for one day before my new job starts.
I went in on my day off to tell my boss that I am quitting, he said if I don't show up on Monday, he will send out a lawyer letter after me.
We do not have any written contract saying I have to give xx amount of of notice before I quit, but after some research on the internet, employer has the right to sue ex-employee for not giving advance notice and damage caused by employee's absence.
I worked at this place for 7.5 month now, I just want to know exactly if I could seriously get into trouble by not giving advance notice.
Thanks everyone.

 

[Pouce]

I believe u should give 2 week notice to ur company. did u talk to ur boss about ur coworker left same day that s/he telling leave. Company also can't fire employee right away. Need 2 weeks notice. Can you work just 2 more weeks and then quit? Yes, Company has a right to sue you. Just be honest and say sorry to your boss. Ur boss might forgive u.

 

[rjessome]

Research the Labour Relations Act in the province where you work. That will tell you the amount of notice that needs to be provided by both parties. Since you worked for the company for less than a year and there is no contract, very doubtful that any real damage could be done to you. The employer will spend way more on the lawyer than they could ever hope to recoup, if a lawyer would ever take on such a case, which I highly doubt.

 

[jes_ON]

You should have given at least 2 weeks' notice, but I don't think you are in legal trouble. Yes, there are cases where insufficient notice have resulted in a lawsuit, but your employer would have to prove that your leaving caused damage. This will be of interest to you -

http://www.workopolis.com/work.aspx?action=Transfer&View=Content/Common/ArticlesDetailView&lang=EN&articleId=lqa20100202File1Article1

You probably know whether you left your former employer in a difficult position, but it is likely his threats are nothing more than more verbal abuse (based on your previous posts).

If you didn't put it in writing already, I suppose there is still room to rectify the situation (read the article).

 

[ae03yy]

Hi,
Sorry for what you are facing now with current employer. There's two things I wanna point out. One is what we follow because everyone does and two the law. After reading your thread, I did some research and found out if s.o. worked for 3months or less, by law there's no requirement and so he may terminate whenever he wants. In your case, the requirrement is to give a week notice.
Most employer will write on your contract or inform you when they hire you that they'll need 2 weeks notice, yet this falls into the tendency of common practice, not what the law says.

Unlike what other members may have said know there's two types of contracts: verbal and written. Now even though verbal agreements are harder to prove, they still remain a binding term... so it all depends on what your employer said to you 6months ago when he hired you. If he mention 2 weeks notice and you accepted the job... then you are bond to a verbal commitment. If not then apply what the law says : i.e. give a week notice and move on

For your reference: http://www.labour.gov.on.ca/english/es/pubs/guide/termination.php#written. In Ontario, please contact the Employment Standards Information Centre, 1-800-531-5551, if you need more information.

 

[pooky]

Thanks everyone for the info.

I'm really glad I got out of the job. Because the boss is just an abusive criminal.
I work probably 60 hr a week for a little more than minimum wage, when other people had left on short notice, I had to take on overtime(Which is unpaid by the way) with no questions. Now I did give very short notice after 7 months service there, but I voluntarily came in the day before my new work starts and worked till 9pm just so on the next day other people won't be too stressed.
I tried to be nice with my boss, I apologized for not giving enough notice, but he said he has connections, he knows people, he could get my life screwed easily if he choose to. I'm easily intimidated. Out of desperation, he made me sign a thing saying I received my payment on time in full, I confirm that i quit this job without advance notice.
I doubt that this guy will bring me to court since it's hardly worth the time, effort and especially money. But I hope this is it for this job.
Thanks again everyone.

 

[ae03yy]

Well all I can say is congrats for the move you've made!
It's not an easy one... believe me. When reading your last posting, I couldn't wonder but think about my employer too.
Him to is abusing his workers by making us attend meetings over lunches but no getting paid. Moreover, he recently put me out of schedule with no valid reason. His point was that since my work permit expired he cannot schedule me till I provide him WP. So, I had to educate him about implied status because I mailed the application and it will take time (like 5 months or so). I printed what CIC website says and added a email i had from CIC agent recently because they were again pointing what implied status is. He said he'll check these out and make some calls too.
Truth is I asked him to do LMO two months ahead of the expiry time of my WP. He refused to do so, till 1 week to moving back to Africa the admin told him she doesn't want me gone. It may have melted his heart for a moment, and he told me the next day after we phoned HRSDC let's do the LMO. Now, upon filling LMO and because I had just 1 week left, I rushed to complete the form and mailed my application one day prior to expiry of my status. I was sooo hoping and stupidly thankful for being able to work. But now I'm not working since my WP EXPIRED, 2 weeks back. I'm home all day! Not knowing how I'll pay my rent next month and how I'll feed myself. I have bread and tea most days as the only meal plus some fruits at night to keep me going.

I thank you for posting this: it made me realized who my boss is and gave me an example to follow. Look ahead at the shining sun who smile at us!