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ARTICLE · 04 FEBRUARY 2020

Resignation & Notice Periods: What Is Required?

Many readers will be surprised to learn that the obligation to give notice of termination of employment is two-sided.

CanadaEmployment and HR

The Basics

Many readers will be surprised to learn that the obligation to give notice of termination of employment is two-sided. The requirement that an employer give advance notice to an employee is well known. Just as the company is obliged by law to do so, the employee has the same legal obligation when resigning from a job. This is not as well known or understood.

The damage claim an employer may make against an employee who fails to give proper notice is considerable. Take, for example, an extreme situation to illustrate the principle. A senior marketing vice-president of a large company is in the middle of presenting a bid for a major contract in a competitive market. The contest is down to two finalists. His presence is critical to the success of the bid. He resigns abruptly prior to the final presentation, and his company loses the bid.

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