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On behalf of my husband:
I am being harrassed at work, given a PIP, which i disagreed. So I found another job, my current employment does not have any notice period to resign, should I give them notice?. If I give my resignation letter, can my employer fire me, and will I get any severance, I have worked with them a total of almost 10 years, and I have 3 weeks of vacation left to take.
I am so confused, should I just take the new job, as i have the offer, only thing it is not full time, but they sais they will make me full time after probation.

Good afternoon:

Thank you for your question. If your husband is being harassed at work, and depending on the duration and severity, he may have a claim for constructive dismissal, in which case he would be entitled to severance pay.

I highly recommend that your husband speak with one of our legal representatives before resigning so that they can help coach him through the process. We can review your husband's case and if needed, we can help him draft correspondence claiming that he has been constructively dismissed. We would also review his employment contract to let him know how much severance he would be entitled to. He does not have to give any notice of resignation if he is claiming constructive dismissal.

With respect to the new job offer, your husband should accept the job if he is not willing to continue working for the current employer. However, he needs to be financially prepared for the scenario in which, after we assess your case, we determine he does not have a case for constructive dismissal (and therefore is not entitled to severance). Ideally, I recommend that your husband speak with a legal representative before doing anything so that he can make an informed decision.

Please contact our intake department to set up an intake at 1-855-821-5900.
Lior Samfiru
Direct Tel (Toll Free): 1-855-821-5900     Email: lior@stlawyers.ca     Web: www.stlawyers.ca
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