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  • Conner Lantz
    Keymaster
    Post count: 4836

    We have an employee who has resigned his full time position. He has asked to be hired on as part time. We have never had part time employees but are willing to try with this employee. My question is, that if we determine the arrangement isn’t working, will his notice requirement include his full time tenure with us?

    Conner Lantz
    Keymaster
    Post count: 4836

    Me again. My expert advises me that as a matter of common law, i.e., case law rather than ESA, if the employee resigned from full-time employment and then was rehired on a part-time basis, that’s 2 separate employments.
    The problem is that the ESA laws of some jurisdictions treat uninterrupted service time as continuous employment for purposes of termination notice. In that case, notice would be required for the previous service.
    Bottom Line: I need to know which province you’re in (or if you’re federally regulated) to determine what the rule would be in your situation. So please get back to me on that as soon as you can. Thx. Glenn. It may be quicker to relay the info directly via glennd@bongarde.com or phone 203 354-4532.

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