Can My Employer Reject My Resignation?
If you have found a better job or simply no longer wish to work for your current employer, the question arises of how much notice of resignation you owe your employer. As you work through the details of your resignation, have you ever asked yourself: can my employer reject my resignation?
There is no specific amount of notice of resignation that employment standards legislation requires you to provide your employer. Instead, the amount of notice of resignation needed depends on either: 1) the terms of your employment agreement, or if that is silent on the issue, 2) what reasonable notice would be at common law.
What Are the Consequences of Immediate Resignation?
The commonly mentioned “two weeks” does not have any real basis in law. What reasonable notice is depends on the facts of each case. Simply put, the longer it would take the employer to find a suitable replacement, the longer reasonable notice would be. Generally, the more senior an employee’s position, the more integral their work to the employer’s business, and the higher any potential financial loss from an immediate resignation, are all factors that militate toward a longer reasonable notice period.
What if an employer rejects your notice of resignation, and dismisses you immediately without paying you out for the remainder of your notice? There’s a strong argument that this constitutes a dismissal, and that you have entitlements to severance. An employment lawyer can help you determine what you are owed.
What if an employer rejects your notice of resignation, claiming they need you to work there longer than you want? An employer has no right to force you to continue your employment. So long as you have provided the period of notice required by contract, or in the alternative, provided reasonable notice, an employer will not have much recourse available to it. While it varies on a case-by-case basis, in Gagnon & Associates Inc et al v Jesso et al, a top salesperson who was responsible for 30% of the company’s sales was found to owe his employer two months of notice of resignation.
How Do I Avoid Burning Bridges When Resigning?
Even if the above is not given, it is very rare that an employer pursue legal action against an employee for resigning without proper notice. The legal fees required to do so, and the need to prove damages, make it not worthwhile in most cases.
The bigger issue to be mindful of is the risk of burning bridges. Even if there is no legal blowback, neglecting to give reasonable notice of resignation may damage your reputation in your field and come back to bite you later. When possible, it is always best to leave on good terms and with proper notice.
If you find your employer giving you trouble about your resignation notice period, you should be mindful of your rights. An experienced employment lawyer can help you judge whether your employer’s arguments have any legal force, and if you might have any entitlements on the table in your case. If you have any questions regarding providing proper notice of resignation, please contact Whitten & Lublin online or by phone at (647) 951-8130 today.
Author – Sohrab Naderi