81

I just served my 2 weeks notice to my employer, resigning from my role as a lead web designer in a small company in Eastern Canada. Most of my colleagues understand, as they themselves are planning their own exit strategies (abusive boss). I am a regular, non-contract, full-time salaried employee.

The CEO (my boss) has just informed me that there will be additional paperwork that I "need to sign" before my final pay check will be paid out. The check would be for my final 2 weeks of work, along with about a year of vacation pay (roughly equivalent to another 2 weeks of work, amounting to 4 weeks of pay in total), and I need it badly (mother with husband on worker's comp with a workplace injury, living paycheck to paycheck with 2 kids). I have a new job lined up, but I didn't anticipate my current employer withholding what is already legally required to be paid to me.

I have no plans to sign any further NDAs, forms, etc. I noted that if those were so important, they should have been provided when I was hired, not now.

Assuming the CEO will follow-through (he's made sure to communicate all of this verbally, nothing in writing), what pre-emptive steps can I take? Are there any officers or inspectors I could contact from the ministry of labor who could send a gentle reminder that what he's planning is illegal, and to just pay me out? Or do I have to come up with money I don't have to get a lawyer? I can't be paying out legal fees to an attorney and missing work at my new job, but need that pay.

Joe Strazzere
  • 382,456
  • 185
  • 1,077
  • 1,492
Sugar
  • 589
  • 1
  • 4
  • 4
  • 13
    Looks like Canada covers employment law at the provincial level. If you want answers relating to / referencing the actual laws that apply (at the general level, we don't do legal advice) you'll have to specify which province you're in. – Lilienthal Mar 21 '17 at 14:37
  • 76
    Rereading your question, are you sure that it's an NDA your boss wants you to sign? If this is just about legal paperwork to confirm your resignation and allow him to pay out prorated vacation pay this may be a non-issue. – Lilienthal Mar 21 '17 at 15:22
  • 236
    Before deciding whether this paperwork is objectionable to you, perhaps you should read it. – Jonathon Cowley-Thom Mar 21 '17 at 16:04
  • you could try to negotiate the NDA against some money if that doesn't prevent you from working for your next company. – dyesdyes Mar 21 '17 at 17:00
  • 16
    I've don't know Canadian law, but in the UK it is quite normal for someone who is working under the Official Secrets Act (granted, that's a bit more than "just an NDA") and resigns their job, to be required to sign for a the receipt of a document reminding them that some of the limitations of the Act continue after they have left the company. Whatever, refusing to sign something without even reading it is a fairly bone-headed attitude to take. – alephzero Mar 21 '17 at 17:33
  • 8
    Given the boss is engaged in abusive behavior it certainly makes sense to do research before the time comes to make the decision whether or not to sign, "additional paperwork". – Wayne Werner Mar 21 '17 at 20:41
  • 14
    We have no way to answer this without studying the words he wants you to sign to. It could be completely innocuous, or it could be insane. We just don't know. Period. This is one of those times that asking random people on the internet is not useful. The paperwork could just be a receipt for all we know. All those below who claim to have an answer are wrong. – Lightness Races in Orbit Mar 21 '17 at 23:21
  • 5
    If you can prove you were forced to sign the papers by threat of withholding your money, any contract you signed is void. Get him to him to confirm that threat to you in writing, sign the stuff, get the money. Only proof in writing is valid, don't secretly record him. – Peter Mar 21 '17 at 23:29
  • 3
    "he's made sure to communicate all of this verbally, nothing in writing" - Then he's not serious about following through. He knows that not paying you would be illegal, which is why he's not putting his threats into writing. He knows the law, and is not willing to get caught breaking it. – aroth Mar 22 '17 at 03:44
  • 2
    Just to back up the comments that it might be utterly mundane. On leaving I've had to sign (and get signed) bits of A4 confirming I've returned any laptops, phones, passes, gold bars, plutonium rods, etc. – Grimm The Opiner Mar 22 '17 at 12:18
  • 6
    please update and let us know what happens! – Rocky Mar 22 '17 at 17:54
  • @GrimmTheOpiner: Well, that's fairly understandable if you were working somewhere where you'd have ready access to gold bars and plutonium rods... :-P – Vikki Apr 18 '20 at 18:50

5 Answers5

84

Note: this answer is based on the original version of the question and assumes that the paperwork refers to NDAs or similar paperwork that someone might reasonably object to signing. If it's simple administrative paperwork then that's part of the leaving process and the below doesn't apply.

Talk to your manager. You should say a variation of the following:

I wanted to get back to you on the NDAs you wanted me to sign in exchange for receiving my final salary. Actually Ontario law requires that I receive all my outstanding wages including vacation pay no later than my regular pay day or seven days after I leave.*

But rest assured that I have no intention of disclosing confidential/corporate information or abusing the trust you've placed in me in my time here. I haven't given you any reason to think that I would do something so unprofessional in the [X years] that I've worked here and I don't plan on changing that after I've moved on to my new employer. But I hope you understand that I'm not comfortable signing any additional forms or NDAs like this.

* Replace this with whatever applies to your location, I assume that all provinces protect your right to the pay you earned.

That should hopefully be the end of it. If you get a less-than-reasonable response you'll have to stick with variations of "I'm sorry, but I'm not able to do that." and "I understand, but you cannot legally withhold my pay over this so I expect to receive my final pay no later than the Xth"

As Dave mentioned, you do risk losing a reference over this if you hold firm and your manager is unreasonable. But his request is bizarre and it's reasonable to push back against it.

If they end up not paying you before the relevant deadline is passed, you'll have to file a claim with your province's Ministry of Labour. If your laws are anything like Ontario's there shouldn't be any need to contact a lawyer over this, though that it just a layman's opinion and not legal advice.

Some of the comments point out that this is something to handle via email instead. While you can, I'd suggest talking about this face to face if you're comfortable with that. An actual conversation allows you to respond to your manager's reaction, which can be important if you are open to signing the NDA to preserve the reference/relationship. I don't see any issue with using this script for written communication but referencing legal requirements and declining requests will always come across stronger when it's written down.

Community
  • 1
Lilienthal
  • 59,386
  • 42
  • 219
  • 254
  • 27
    I would but this in email, and copy his boss and someone in HR too. – Neo Mar 21 '17 at 15:21
  • 9
    +1 to suggestion of using email. I would drop the last sentence of the text, which I consider otherwise excellent. – Ellen Spertus Mar 21 '17 at 16:07
  • @EllenSpertus the quoted text is supposed to be a verbal communication. For a written medium, you are right, more caution is desireable. – Mindwin Remember Monica Mar 21 '17 at 18:08
  • 9
    @MisterPositive OP says that her boss is also the CEO - so, no super-boss to talk to (any maybe not even HR depending on company size). But definitely agree with using email, document everything! – user812786 Mar 21 '17 at 18:09
  • 16
    I'd also CC my personal email account – Wayne Werner Mar 21 '17 at 20:38
  • 3
    You can have the best of both worlds: Have a conversation, and later send an email stating what you agreed upon (or disagreed) – Christian Mar 22 '17 at 08:51
  • I wish I could upvote that comment 100x @Christian ... have the conversation; during the conversation let him know you'll be following up via email, then send the email and lead it with "As per our conversation this morning..." so it's clear the email is referencing an earlier verbal conversation. I'd agree with CCing your personal account as well since this is the CEO you're referring to. If he is actually a sleazebag he could try to strongarm his IT guy into wiping your email account so you have no record of the email... but his IT guy (hopefully!) can't reach your personal email. – Doktor J Mar 23 '17 at 14:30
60

Some things are reasonable to expect you to sign. Some are not.

For example, they might ask you to sign to declare that you have not left any personal belongings behind, or that you have seen and read (as opposed to having agreed to) some notice that they want a paper trail proving that they have provided to you. So telling you that there is "additional paperwork" is entirely reasonable. Have you actually been told that you will be required to sign an NDA, or have you merely assumed this?

Being required to sign an NDA is of course not reasonable, but of course they are free to ask. It may just be an opening negotiating position. You could decline, saying that you "don't agree to amend our existing contract", and you may find that you get a counter-offer.

If it turns out that they absolutely will not pay you without you agreeing to additional terms, then this is of course illegal, and not really any different to them arbitrarily deciding not to pay you for no reason at all. I suggest that you ignore their "additional terms" condition and proceed to attempt to recover what they owe you as if they're just not paying you. You "don't agree to amend our existing contract", and would like "payment of your salary arrears according to your existing contract as agreed".

Robie Basak
  • 581
  • 3
  • 4
  • Another thing they may (reasonably) ask you to sign is an acknowledgement of the existence of an NDA that was originally established by your employement contract. That NDA typically outlives the end of your contract. – Martin Bonner supports Monica Mar 23 '17 at 09:38
  • Agreed with Robie and @MartinBonner, if it's simple bookkeeping stuff like confirming the return of company property, or a written reminder that you are still bound by the NDA you signed when you started (and that you are now signing to agree you will continue to honor the NDA after severance from the company), these are perfectly reasonable things to ask. Asking you to sign a new NDA or something forfeiting your vacation pay or anything like that... well, not so reasonable. – Doktor J Mar 23 '17 at 14:33
48

I believe there is three things to note here.

  1. If he does withhold the pay (or informs you his intention to do so in writing) then you should contact the labour board for your province. It is illegal.

  2. Having worked in New Brunswick, I had a similar situation happen (gave 2 weeks notice, was informed they wanted me to sign a NDA, Non-Compete, and a few others). I agreed however informed them they would have to pay me for signing these as it was not part of my employee agreement. They swiftly dropped it and paid me normally.

  3. Since you never explained what the paperwork was - it might be helpful to find out first. It could be something as simple as a "I returned my work equipment, and turned over all my passwords/etc". Wait to see what it is before you escalate.

Sh4d0wsPlyr
  • 951
  • 6
  • 17
  • 12
    This strategy I find a good one, particularly the "pay me more to sign these". If they're worth something to the company, they should be willing to do so. – Joe Mar 21 '17 at 20:27
  • 1
    Point 3 is important. Every place I've worked in the last several years has had innocuous departure paperwork like this, although many times we have the supervisor sign it, especially in cases of termination. – Todd Wilcox Mar 23 '17 at 11:48
20

Likely your provincial department of labour does not have anyone who's role involves gentle reminders to those considering breaking the law.

There is legitimate off boarding paperwork that he could be talking about. Return of keys, return of company equipment, balancing of petty cash, etc. From a purely practical perspective, it may cost you nothing to work with him whereas it may take a long time to get paid out through exercising your rights.

Withholding wages and vacation pay in this way is illegal in Canada BUT since you aren't in a financial position to hold out for a court ordered payout I'd suggest seeing what he is requesting you sign before deciding to make this stand.

IDrinkandIKnowThings
  • 49,880
  • 18
  • 123
  • 210
Myles
  • 34,766
  • 9
  • 81
  • 132
  • 6
    The OP mentioned further NDA's, which would not be acceptable to sign. The MGR is bullying IMHO. – Neo Mar 21 '17 at 15:18
  • 5
    @MisterPositive - Sometimes its easier just to give the bully a quarter and never see them again than try to pick a fight that could haunt you for some times. It is certainly distasteful but you will forget about that distaste before you leave the building. You don't need to fight every-time you are in the right. Sometimes it doesn't cost you anything to let the other guy win. – IDrinkandIKnowThings Mar 21 '17 at 15:21
  • @IDrinkandIKnowThings Agreeed, you have to pick you battles. To me this one would depend on the extra stipulations of the NDA and for how long they would bind me. – Neo Mar 21 '17 at 15:53
  • 1
    @MisterPositive - They are completely toothless... thus really no downside to signing. A first year attorney could get the nda thrown out as coersed – IDrinkandIKnowThings Mar 21 '17 at 15:56
  • 13
    The OP doesn't actually say she's been asked to sign any additional NDAs though. She says that her boss has told her there will be "more paperwork" and later she says she's unwilling to sign any "NDAs, forms etc". – Jonathon Cowley-Thom Mar 21 '17 at 16:07
  • 1
    @IDrinkandIKnowThings The downside to signing is the former employer suing your new employer and/or the OP saying they violating the NDA. Even if you prevail you still have to go to court over it, so saying there's no downside is not true. – Andy Mar 21 '17 at 17:39
  • @IDrinkandIKnowThings Giving the bully a quarter and never seeing them again? "Just pay the Dane-geld"? – Darael Mar 22 '17 at 11:26
  • @Darael - I prefer to think of it as just kneel and bow before the king and let him be on his way lest he decide to take an active interest in my affairs. – IDrinkandIKnowThings Mar 22 '17 at 15:04
  • @Andy - As I said the NDA will not hold up as it was signed under duress. I could draft the motion that would have it tossed and IANAL and I didnt even stay at a holiday inn express last night. – IDrinkandIKnowThings Mar 22 '17 at 15:07
  • @IDrinkandIKnowThings Uh huh. Good luck with that. – Andy Mar 22 '17 at 17:32
  • Not only are NDAs toothless, in this case I don't see what the consideration would be. Payment for wages is already consideration for the employment contract so cannot be used for an NDA, especially if it is protected under labour laws. – zelanix Mar 22 '17 at 23:14
  • It's worth noting though that although essentially unenforceable, NDAs are still useful to protect confidential information that may be used for a patent. Publicly disclosed knowledge can invalidate a patent but knowledge disclosed under an NDA is not considered public. On the other hand, If the OP's employer has disclosed such confidential information without a confidentiality agreement in place (usually a clause in the employment contract), then an NDA probably won't help much now! Retrospective NDAs are even more toothless. – zelanix Mar 22 '17 at 23:17
  • Please remember that legal systems are different country to country. Advice in this respect which is valid for one country could be wildly inappropriate for another. – Myles Mar 23 '17 at 15:41
-6

It is perhaps worth knowing there that at least where I live (the UK) if you mark a document "WITHOUT PREJUDICE" then it can't be used as evidence in court. Using the equivalent language where you live could be useful if you wish to write your ex-boss a letter but don't want it to be usable in a court of law.

Also note that signing a document implies that you have read it, so make sure you really have. Read anything in small print especially carefully because whoever drafted the agreement might have reduced the print size to discourage you from reading something.

The information above is easy for even non-lawyers to find. No lawyer I have consulted is aware of any exceptions or loopholes.

user66564
  • 1
  • 5
    A) UK laws don't have any relevance to Canadian laws, aside from deriving from the same legal tradition. This may or may not be applicable to Canada, but you should do that research before suggesting it. B) This is a gross oversimplification and that phrase doesn't mean what you think it means. – Bobson Mar 22 '17 at 23:09
  • Yeah, I don't think that's what without prejudice means. – zelanix Mar 22 '17 at 23:36
  • " if you mark a document "WITHOUT PREJUDICE" then it can't be used as evidence in court". That's simply not true. Documents so marked have been used in court, and documents not so marked have been excluded from evidence because they were clearly a "without prejudice" offer. – Martin Bonner supports Monica Mar 23 '17 at 09:40