I have practiced law in Prince George for almost 40 years, and have dealt with countless employment issues for both employees and employers. When an employee quits no severance pay is payable.
This generalization is subject to the specific terms of his contract, which have not been revealed in this case. A typical employment contract has specific terms for termination, whether for cause or no cause, and do not typically deal with the termination of the contract of employment by the employee simply because it is only where an employer terminates without cause that severance pay becomes payable.
If an employee decides to quit the employee will typically give some advance notice to the employer and will work during that notice. This nice-guy routine is predicated upon their being a good working relationship between the employer and the employee.
Hence it is inconceivable that IPG would shell out money to McEwan, who quit. This idiotic act may actually be an act by the directors for which they may become personally responsible. I would invite the city to review this and not be deterred by their personal preferences and/or political relationships with members of the board. If nothing is done to reverse this travesty or to have the directors personally repay it themselves, this matter goes on the list as one of the matters for which the city counsellors and the mayor will be held accountable during the next election. That list is growing.
By the way, it does not matter that McEwan told or did not tell the directors of his existing new job when he quit. He quit.
Roy J. Stewart, Q.C.
Prince George
