Add Comment Question: I have an employee who has been off work since late 2015 on medical leave and has not returned to work. As of last week, January 2016, this employee has begun working at the competitor without resigning at our establishment. We have given them ample time and opportunity to return to work in there previous status of full time employment of 40 hours. Do we have just cause of terminating their employement with our organization under these circumstances? Do we have an obligation under these circumstances to pay them termination pay? What are our legal rights? Answer: It sounds like you do not have to terminate the employee for cause, but can treat their actions as a constructive resignation. I would strongly recommend that you speak to an employment lawyer at the number below in order to figure out the best way of proceeding. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.