Quitting a job is often a difficult decision. But what happens when you want to return to the job after you resign? There have been situations where employees have been able to retract, take back, their resignation. Here are some factors that the Courts will look at to determine if an employee may retract a resignation.

The resignation must be accepted by the employer

An employee’s resignation has to be accepted by the employer before it takes effect. If it has not been accepted by the employer, an employee may be able to retract it and return to their job.

If the employer has not accepted the resignation, but has taken steps to rely on it, the employee may not be able to retract it. For example, if the employer hires a replacement for the resigned employee, the employee may not be able to return their job. It is important to act quickly if you are thinking about retracting a resignation.

A resignation must be voluntary

Many employees often quit in the heat of the moment, or due to frustration because of events happening, in or outside of the workplace. The Courts require employers to be sure that the employee’s resignation was voluntary. If the employee quit in an emotional outburst, the Court may find that the employee did not voluntarily resign.

If an employer does not accept your retraction, you may have a claim for wrongful dismissal

Most employees who resign are not entitled to termination pay. If an employer refuses to take back an employee who properly retracted their resignation, the Courts will treat the situation as if the employer terminated the employee without cause. In these situations, the employee can sue for wrongful dismissal.

If you would like to speak with an experienced lawyer at MacLeod Law Firm about this issue, please contact us at inquiry@macleodlawfirm.ca or 647-204-8107.