I have noticed in the past few weeks, two issues with employees that kept repeating themselves! So in order for this to be beneficial to others dealing with the similar situation I decided to post about them.
1) I submitted my resignation and it was accepted verbally, I was also told that I do not need to attend work for the rest of my notice period, therefore I didn’t. Now there is a case against me for absconding from work, what do I do?
First is first guys!
-Any communication with your company should be in writing. Even if you trust them they should understand why you would require it in writing.
– If you are emailing something to your company and you think you might need that email in the future to prove something (example your resignation letter or your acceptance to resign) and you are using a work email, email it to yourself. BCC your private email always with your personal matters, you never know when all your work emails will get deleted.
– If you attend a meeting and you end up discussing everything verbally, you can send the attendees an email after the meeting to have things documented. Name your email “Minutes of meeting” and write in it a recap of the meeting and what the attendees agreed on.
So those are the precautions but what do you when there is a case against you?
Get a lawyer! You need to at this point.
FYI: Your holiday can’t be deducted from your notice period, because they told you not to show up.
2) My company isn’t doing well, so I was laid off. They said they can’t give me my termination indemnity because they don’t have it. Do they have the right to withhold my indemnity because of bankruptcy?
No. I repeat NO. They are broke? Still the answer is no. They are going to court? Still the answer is no They are going up in flames because of a giant dragon? NO. You have the right to get your termination indemnity.
Got it? Ok? OKAY? Yeah? Good.
Feel free to email me [email protected] with any legal questions. I do not have the capacity to answer everyone for free (but I try), and I am happy to announce that I am currently working with a great team and therefore we are able to reply back to all emails with a reasonable time frame.
Post by Fajer Ahmed – Legal Counsel
The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on mark248am1.wpenginepowered.com are those of the individual’s and in no way reflect Fajer’s opinion.