Do I get severance if I quit?

I want to quit. Can I still get severance pay?

You don’t get a severance package if you quit or resign from your job voluntarily. Your employer does not have to pay you severance in this case, unless you are forced to leave because of unwanted changes to your job. When you decide to end or leave the employment relationship with your employer, it is a situation that is out of their control. In this case they do not owe you any severance.

You are entitled to notice of termination or severance if you are a non-unionized employee in Ontario, B.C. or Alberta, and have been terminated or dismissed without cause. In this case severance pay is mandatory, and you have a right to seek your full entitlements.

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When you can seek severance

If your work situation changes through no fault of your own, you may be entitled to severance pay. If you are unable or unwilling to accept those changes, then you may be able to make a case for constructive dismissal and leave your job with all the severance you are owed.

An employer does not have the right to make significant changes to the terms of employment without your consent. If your employer does make changes, you can leave your job and still get severance.

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What is a constructive dismissal?

A constructive dismissal can occur whenever an employer makes significant changes to the terms of employment that make it difficult to continue working. It could be changes in compensation, shift hours, location, job title, and even harassment. When this happens, an employee has the option to treat that change as a constructive dismissal. You can reject the change, leave your job, and get your full severance.

Forced resignations

A forced resignation is when an employer puts pressure on, or directly instructs an employee to resign. These are considered terminations, and as such you are still entitled to full severance.

If your employer asks you to resign, you are not obligated to. There is no advantage to resigning over being let go. If your employer asks you to resign, and you decide to do so, make sure you get it in writing that you are being forced to resign. Write up your resignation letter and make it clear that you are only resigning because your employer is forcing you to resign. If you are in a position where you are being forced to resign, contact an employment lawyer immediately.

WATCH: Employment Lawyer Lior Samfiru explains an employee’s rights when forced to resign on an episode of the Employment Law Show.

Responding to changes to your job

If there have been changes to your employment, you need to speak to an employment lawyer before accepting them. Accepting the change might give your employer the right to make changes to the terms of your employment repeatedly.

When your employer starts changing your terms of employment, you might be better off to leave and get your severance. You can then move to a different job.

It’s critical that you contact us and get legal advice when changes happen at work. Do this before you’ve accepted those changes. Our employment lawyers in Ontario, Alberta and British Columbia have helped tens of thousands of Canadians enforce their employee rights, and secure fair compensation.