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I am the financial controller for my employer. They are having extreme financial difficulties and it looks that they will not be able to cover payroll next week. I would like to resign this Friday as I may not be getting paid for this current week. Is there any ramifications for not giving 2 weeks notice in this instance? I have documentation showing they are unable to put any more funds into the company.
Also wondering about my chances of receiving EI.
The company I have been told is being sold, closing date is Oct 26

Thank you for your question. Given the nature of your position, there could be repercussions to you not providing notice of resignation, particularly if there is a contractual requirement. That being said, if the company ceases paying you, that would likely be a constructive dismissal. If you claim constructive dismissal, no notice of resignation is required.

In terms of EI, if you voluntarily resign there is no entitlement to EI. If you are constructively dismissed and Service Canada agrees that you were constructively dismissed, you could be entitled to EI.

In order to determine how best to navigate this situation, it is recommended that you call us at the number below for a consultation.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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