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My employer, a law firm, terminated me without cause. 1 week working notice. They told me they will only give me a positive reference if I agree to the working notice instead of leaving that day.That feels like duress. Do I have to work the working notice? Or can I just leave? And if i do would that undermine my claim for unpaid overtime? I am leaving notes for them about where my files are and I am being professional.
You have an obligation to work the 1 week of working notice, regardless of whether they provide you with a positive reference letter. They are not obligated to provide you with a positive reference. If you refuse to work the 1 week of notice, this would impact a potential wrongful dismissal claim but you would still have a claim for unpaid overtime pay.