Your job may be 9 to 5, but that does not mean it has to be 24/7. There are many instances in which employees are lawfully permitted to be away from work, without the employer treating the absence as job abandonment (in Ontario and Canada).
Consider if you are absent from work because of one or more of the following circumstances:
- Religious observance
- Maternity/parental leave
- Loss of a loved one
- Misdiarized shifts
Many employees in these circumstances find themselves accused of abandoning their job or fired under the pretense of job abandonment. The employer is often wrong, but the employee may still be fired, often without any advanced notice or severance pay. Not only is this unfair, but most likely illegal as well.
Sometimes an employee will refuse to return to work because of a hostile work environment, or serious breach of their employment contract. This may not amount to job abandonment (across Ontario and Canada), but may, in fact, constitute constructive dismissal.
If there is any dispute about a resignation, Whitten & Lublin Employment & Labour Lawyers can help employees determine:
- Whether you abandoned your job
- Whether you were constructively dismissed
- Whether you are entitled to notice and/or severance pay
- Whether your human rights have been affected
Consult with a lawyer with expertise at Whitten & Lublin Employment & Labour Lawyers. To book a consultation please contact us online or by phone at (866) 575-3055 or (647) 696-9716 today!
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- Nationally recognized in 2018 as one of Canada's Top 10 Employment & Labour Law Firms, by Canadian Lawyer Magazine
- Lawyers are recognized as “Leading Practitioners” by Lexpert, which is the largest annual survey of leading lawyers in Canada and an acknowledgment of excellence voted on by peers.
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