DO I HAVE TO GIVE NOTICE TO MY EMPLOYER?

There is no real legal obligation on an employee to provide notice when resigning. However, the employee should still use good judgement. If the employee wishes to use the former employer as a prospective reference then the employee should be careful to not burn any bridges.

The employee should also use caution if they are going to work for a competitor or third party supplier of their former employer.

An employer should officially acknowledge the resignation and ensure that all company policies are respected and that company property is returned.

See my post on non-competition clauses and employment contracts

Also, see my post on constructive dismissal. 

THE RESIGNATION SHOULD BE CLEAR AND UNEQUIVOCAL

The resignation should be clear and unequivocal. Courts have stated that resignations given in the heat of the moment may not be satisfactory.

Also, simply saying the words I quit may not be upheld as a valid resignation.

Employers should be mindful of the following factors[1] that courts have considered in a wrongful resignation case:

  • The circumstances surrounding it
  • Was it expressed unambiguously
  • Was the resignation put into writing
  • Was it accepted verbally or in writing
  • Did the employee try to retract the resignation
  • Are there special circumstances that suggest employee under emotional duress
  • Has the employer already acted in reliance on the resignation

[1] This information was reproduced from the Employment Law text book by Filsinger Chapter 12

EMPLOYMENT LAWYER IN BURLINGTON 

If you need an Employment lawyer in Burlington call me.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211