Mastodawn

neatchee Oct 30, 2024

If an employer ever asks you to resign, tell them "no".

There is no benefit to resigning unless you have another job lined up already.

Make them fire you. Get your unemployment benefits. Make sure you are legally protected in case of malfeasance. Resigning undermines all of that.

This message brought to you by AWS telling workers to return to office 5-days-a-week by commuting or relocating, or they should resign.

Again, the answer is "no, you'll have to fire me."

EDIT: To clarify, in most areas "fired" and "let go" are not legally meaningful terms and can be used interchangeably. The important term is "for cause" or not. So don't commit misconduct to get fired. Poor job performance is typically not a "for cause" reason, nor is failure to accept changes like RTO

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WellWornVet 🇨🇦Oct 31, 2024

@neatchee Be careful with this kind of advice. Refusal to RTO is likely a lawful reason for dismissal of the employee. It is management's right to determine the place of work and hours of work.. See this website:

https://stlawyers.ca/blog-news/return-to-office-ontario/#:~:text=Employers%20might%20threaten%20termination%20or,much%20like%20an%20employee%20resignation.

Return to Office in Ontario: Employee Rights - Samfiru Tumarkin LLP

Learn about your rights as an employee if your employer ends your work from home mandate.

Samfiru Tumarkin LLP

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neatchee

@nelsonstreetlad That very same article you linked says...

Established Remote Work: If remote work was originally or has since become an accepted part of your role, your employer can’t enforce an office return without risking a constructive dismissal claim.

In general, you can't employ someone under a specific set of expectations that are clearly communicated, and then arbitrarily change the expectations without consequence.

Additionally, your link is specific to Ontario.

As with all legal matters, the best move is to speak with an authority on the matter, like your local unemployment office or a lawyer

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WellWornVet 🇨🇦Nov 1, 2024

@neatchee Quite so. Except for employees of the fed govt and Crown Corporations, and of federally regulated business, employees are governed by provincial labour law, common law, and contracted terms for individuals & unions. Where, eg, work from home was permitted or encouraged due to the pandemic & not contracted in writing or orally for an indefinite term, employees must work where the employer reasonably directs or be dismissed for cause. That is my understanding of the situation today.