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I am in Ontario and recently resigned from my job. I gave notice this week, and my final working day is end of next week. The company's self-assessment deadline for employees is end of this week. After I resigned, my manager told me I needed to complete the mid-year self-review because of my resignation. He also said HR had confirmed it was required, and he's pushing me to complete it by the self-review deadline so he could complete his manager portion.

I separately contacted HR to confirm. HR first said they would suggest I complete it so feedback would be on file for possible future rehire decisions. I asked again for clarification, and HR then confirmed in writing that because I am leaving before completion of the review cycle, completing the mid-year review/self-review is not required.

My relationship with this manager has been difficult, and his conduct/tone/leadership style was a major reason I resigned. I am worried he is pushing me to submit the self-review so that he can complete his manager review and place a negative narrative in the company’s HR/performance system before I leave.

I want to handle this professionally and avoid creating any issue with my resignation, final pay, ROE, or employment record. My plan is to send a written response saying HR confirmed the self-review is not required, so I will not be completing it and will instead focus on transition documentation, handover, and required offboarding items.

My questions are:

Since HR confirmed in writing that the mid-year self-review is not required, am I legally or contractually obligated to complete it during my notice period?
Can my manager take any legitimate action against me for declining to complete a self-review that HR says is not required?
Could declining affect my final pay, ROE, resignation status, employment record, or future reference/rehire status?
Is it advisable to copy HR on my response, given that the manager initially claimed HR said it was required?
If the manager responds by adding critical feedback or trying to argue the issue, what is the safest/professional way to respond?

I am sorry to hear about the ongoing difficulties with this manager, leading to you feeling there is no other option than to resign.

Including HR is not a solution. HR has one job, protect the company. They do not represent your interests and are not legal professionals. They have also obviously done a terrible job in managing this situation, given you are quitting due to the treatment experienced from this manager.

There is not a legitimate basis for your manager to take any action against you, or for this to impact your final pay. There is no universal employment record. All a ROE matters for is your EI entitlements, and as you have resigned you are likely not entitled to EI anyway.

However, given that your manager also had no legitimate basis for mistreating you to the point of quitting, and HR had no legitimate basis for not bothering to protect you, this is kind of meaningless.

The safest/most professional way to handle this would be the same as with most other things. Have someone who specializes in that area and who you can trust help you through the process. This is something we do. Contact us, and a member of our intake team will reach out to guide you through the next steps.
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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