Employee resignation and the employment relationship
An employee resignation is one of the ways the employment contract can be terminated. It is not uncommon for employees to voluntarily resign. If a better position is available with another company the employee would resign ahead of commencing the new job. It is important to note that employees may be required to give notice of resignation to the employer.
It is a well established principle of law that employers are required to give reasonable notice or pay in lieu of notice when an employee is about to be dismissed. This is done to ensure that the employee has sufficient time to look for a new job. The employee can transition to a new job and continue earning income and meeting financial obligations.
If an employee resignation takes place without notice, the employer may suffer financial harm as a result of interruption to its operations. The employer must have sufficient time to ensure a replacement is hired, or to ensure that the work of the resigning employee can be assigned to other staff.
The contract of employment between the employee and employer should contain a specific provision stating the amount of notice an employee is supposed to give. If the contract of employment is silent on resignation notice, the employee should seek legal advice ahead of resigning from an employment lawyer. This is especially true if the employee has been working at the company for a long period of time, or if the employee has a very important role with the employer.
An employee resignation must be voluntary
An employer cannot cannot pressure the employee to resign. If your employer has accused you of misconduct and offered you to resign or face discipline or a possible negative note on your record of employment, you may be entitled to damages for wrongful dismissal. It is very important to seek legal advice before engaging in any kind of negotiation involving a resignation from employment. Although it may seem like a good idea offer an employee resignation or face consequences for the alleged misconduct, you may actually be the subject of a termination without cause and have other legal recourse. Furthermore, even if you believe that you are only entitled to what is outlined in the Employment Standards Act, you may be entitled to significantly higher compensation at common law.
The information on this website is for informative purposes only. It is not legal advice. A lawyer can only be retained after a consultation. If you need a wrongful dismissal lawyer or if you have any other employment law issues, call me at: 416 323 3614