Get resignation in writing
Lucy worked as a dental assistant for close to three decades. In early 2023, the provincial dental board issued new guidelines for sterilization of equipment and required that all scrubs be changed between patients to prevent cross-contamination.
The dentist met with staff and explained the new rules, but a few days later she noticed Lucy was wearing her scrubs from room to room. She asked Lucy if she had read the guidelines, and Lucy’s response was she needed more time.
A few days later, Lucy began a medical leave. She provided a doctor’s note putting her off for a month. The office manager claimed before Lucy left she said she would not be coming back, and that’s what the office manager told the dentist.
When Lucy asked for her employment record so she could collect employment insurance, the dentist thought this was confirmation Lucy was resigning. Lucy, however, simply wanted an employment record indicating she was off due to illness so she could collect employment insurance sick pay.
After a month, Lucy sent an email to the dentist indicating she was well enough to return to work and would like to return. She included the words “that is, if you are OK with me coming back?” Since the dentist had an absolute obligation to accommodate Lucy’s disability and absence and return her to her position, it is strange that Lucy asked this question. She did not know the office manager said she had quit, or did she? Perhaps she was hoping the employer would make the mistake of terminating the relationship.
It turned out the dentist did make that mistake. She wrote to Lucy indicating the office manager had said she was not coming back. She said she did not understand why Lucy needed a record of employment if she was only taking a month off. She noted Lucy had not responded to any communications from the office up till then. She wished her the best in the future.
Lucy responded indicating the record of employment was for sick benefits, not because she was quitting. Finally, the dentist did the right thing and arranged a date for return to work for Lucy and asked her to meet with her first to review the new sterilization guidelines.
When the time for the meeting came, Lucy did not show up and instead sent an email indicating she had been advised that “attending the meeting today may not be in my best interest.” The dentist asked what her plan was. Was she coming back? The dentist also left a voice message for Lucy asking the same question.
Lucy’s husband called the dentist back and indicated Lucy was going to be off for another month. No doctor’s note was provided. After the month had expired the dentist wrote to her inviting her to a farewell party for a colleague. There was no response. There was never any response.
Lucy did file a complaint with the labour board claiming she had been terminated. The matter went to a full hearing and Lucy was not successful.
This dentist made some big mistakes along the way and should have spoken to an employment lawyer much earlier. So should Lucy have. But the dentist eventually fixed the situation, explained the misunderstanding and invited Lucy back to work. There was a shortage of certified dental assistants and Lucy was needed. Ultimately, Lucy’s attempt to take advantage of the dentist’s initial confusion was not successful.
If you are an employer and you hear through a third party that an employee has resigned, assume nothing and confirm it in writing. Even if they resign to your face, confirm it in writing.
Anything less will lead to grief.
This article was originally published by The Hamilton Spectator.
