When "I Quit" Is Not A Resignation

Recent case law in Ontario indicates that it is just not enough for an employee to express complete dissatisfaction, or even declare an intention to seek out other employment, or that he or she will resign if certain circumstances eventuate.  There must be more than an expressed intention to quit in order to amount to a resignation.

Such an intention cannot be based on an employee's state of frustration or depression.  The statement "I quit" may be made as a result of an emotional reaction to a critical situation or circumstance.  The employee must, by clear words or actions, demonstrate his or her intent to resign unconditionally and not merely as an ultimatum, so that the threat "if you don't give me a raise, I'm out of here", in itself, is not a resignation.