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ARTICLE · 12 SEPTEMBER 2019

Taking It Back: When Can An Employee Retract A Resignation From Employment?

People quit their jobs at various times and for various reasons. Often, when a worker quits his/her job they provide their employer with a written letter

CanadaEmployment and HR

People quit their jobs at various times and for various reasons. Often, when a worker quits his/her job they provide their employer with a written letter or an email confirming their decision to resign on a specified future date with the intention of continuing to work until that date.

Generally speaking, when an individual voluntarily exits the workplace by resigning their employment, the employer is relieved from any obligation to pay severance. As the act of resignation effectively extinguishes a worker's right to seek severance, the courts require that for a resignation to be effective it must be "clear and unequivocal." Put differently, there can be no ambiguity as to whether the individual truly intended to quit his or her job. Where ambiguity does arise in this regard it is likely be resolved in favour of the employee, with the court deeming the cessation of employment to be a termination and requiring that the employer pay severance in accordance with

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