Employment Law Practice
- Wrongful Dismissal in Ontario
- Constructive Dismissal in Ontario
- Reasonable Notice
- Severance Packages
- Cause for Dismissal
- Employment Contracts
- Independent Contractor vs. Employee
- Human Rights and Discrimination
- Sexual Harassment
- Statutory Complaints
- Non-Solicitation Agreements
- Non- Competition Agreements
- Damages for Bad Faith, Mental Distress and Personal Injury
- Personal Harassment or Bullying
- Employment Insurance Benefits
- Workplace Investigations
- Workers’ Compensation Claims
- Privacy Issues and the Workplace
- Unionized Employees and Duty of Fair Representation Complaints
- Conspiracy Claims in Employment Law
- Class Action / Mass Terminations
If you have been accused of resigning where you do not think you have, it is imperative that you immediately meet with an employer lawyer, as there are certain steps you must take in order to protect the legal claim that you have.
Many times there is a dispute about whether or not an employee has in fact resigned as employees who voluntarily resign. As employees who, without a good reason, are not entitled to severance and employment insurance benefits.
Court decisions have stated that a true resignation must be clear and unequivocal. There are circumstances where a resignation that was given may not actually be valid. Employees who resign in the ‘heat of the moment’ during an argument, on impulse, or where the resignation was given in response to an ultimatum may not have legally resigned.
If there is any dispute about a resignation, Whitten & Lublin Employment & Labour Lawyers can help employers and employees determine:
- Whether or not an employee has in fact resigned, whether on impulse or in response to an ultimatum;
- Whether the resignation is valid; and
- Cases for wrongful resignation.
We exclusively practice employment law and know what facts and considerations the Court will look at in cases where an employee’s resignation is in question.
Read our employment law articles about resignation for more information.