Labour & Employment Law Blog

My employer claims that I quit, am I entitled to any compensation?

Illustration of a person looking at a form with a question mark, representing uncertainty about their employment rights after resigning

Does this sound familiar? You’ve been with your company for many years. You have no prior performance issues, and you get along well with your manager. However, your manager retires, and you now must report to a new manager. And this new manager is not like the previous one. This manager is impatient; unable to listen to constructive criticism; provides you with conflicting instructions; expects you to meet unreasonable deadlines; keeps you out of important meetings; takes away key responsibilities; yells at you and to add (more) insult to injury, places you on a “performance improvement plan” in which the company may “take disciplinary measures up to and including the termination of your employment.”

You are dismayed. You have dedicated 30 years to this company and helped to grow it from a small start-up. The owner of the company is not accessible to hear about these issues of workplace harassment from you, when previously you were able to speak with the company owner relating to any corporate issue. You now must communicate with someone from the HR department, a hitherto non-existent layer of corporate bureaucracy through which all work-related complaints now must be made. You make a complaint about the workplace harassment you are now experiencing to HR which leads you nowhere and offers no resolution. Unfortunately, the harassment from your new manager continues.

You’re stressed, you can’t sleep, such that you even need to go to your doctor for help, and you decide to go on stress leave for a few weeks. However, upon your return from stress leave it’s more of the same treatment – your manager makes your workday unbearable. Your personal life continues to be adversely impacted, and every morning is filled with the dread of having to spend another day at work.

You’ve had it, today is the day you quit. You tender your written resignation via email. The email simply states: “Please accept this letter as my formal notice of resignation. Thank you for many years with the company.” In the email, you copy the company’s owner hoping that there would be a final expression of sympathy, but the lack of response — while hurtful — is no longer surprising. HR, on the other hand, coldly acknowledges receipt of your letter of resignation, advises you that you will be paid out your outstanding earnings and accrued vacation pay and a Record of Employment will be issued to you within 5 business days following your regularly scheduled payroll date. You are also cordially wished “the best of luck in your future endeavours.”

You are 64 years old and the last time you have worked on a resume was over three decades ago. You are lost.

Do you have rights and are you able to obtain compensation? Absolutely.

Give us a call.

The above article is for general information purposes only, does not constitute legal advice or create a solicitor-client relationship. Because each case is unique and factually driven, if you have concerns with regard to the foregoing issues, please make an appointment with one of our lawyers or a qualified legal practitioner elsewhere. We represent clients in the Greater Toronto Area including Toronto, North York, Markham, Vaughan, Thornhill, Newmarket, Aurora, Brampton, Mississauga, Barrie, Ajax, Whitby, Pickering and Oshawa.