Resignation

Many times, there is a dispute about whether or not an employee has resigned, as employees who resign are not entitled to severance. Court decisions have stated that a true resignation must be clear and unequivocal. One way to consider the test is to ask whether, considering all of the surrounding circumstances, the employee either indicated an intention to leave and not return or, by his or her actions, this intention was clear. A recent British Columbia case called Lelievre v. Commerce and Industry Insurance Company, which I’ve written about in more detail here, illustrates the difficulty courts and employers sometimes have in concluding that an employee has actually resigned.

There are other circumstances where a resignation that was given may not actually be valid. Employees who resign in the ‘heat of the moment’ or during an argument, on impulse, or where the resignation was given in response to an ultimatum may not have legally resigned.

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.

Read our employment law articles about resignation for more information.