Call us at 1-866-575-30551451959759_phone 1451959766_mail

#1 Recommended Employment Lawyers Greater Toronto Area

Read Reviews

Canadian HR Reporter's Readers' Choice Award - Best in the Nation

Q&A: Resignation rights

Whitten and Lublin | Apr 13, 2015

I have provided my current employer with a resignation letter that included a proposed resignation date in one month’s time.  I was, however, told to immediately leave the workplace.  I have not been paid for the one month’s notice that I was prepared to provide.  I am wondering whether or not I am entitled to payment for this time frame, considering I do not presently have another job.  

While an employer can ask your to leave work before your proposed resignation date, it must nevertheless provide you with the salary and benefits that you would have earned had you actively worked for the entire one month notice period.  By relieving you of your duties and not paying you for the one month notice period, the employer effectively terminated your employment during your resignation notice period.  Subject to any contractual clause defining the amount of notice you had to provide, the employer would typically be liable to pay you for the remaining period of notice that you provided.