Resignation is the action taken by workers to quit their relationship with their employers. It is most often an employee action in which the person decides of their own accord and without any outside pressures or forces that they will leave their position. A resignation letter is submitted in most cases by an employee to the employer where the last date of employment and any other details are mentioned.
Note that several rules must be followed for a resignation to be recognised as effective: the message must be clear and unambiguous. Your intention to resign should be clear from your conduct or something you say. This is because some legal requirements must be followed to make a resignation valid and legal in Toronto. If this is not done, it will have implications for you and your employer.
How an Employment Contract Can Influence an Employee’s Ability to Resign
The provisions of your employment contract can affect your right of resignation in several ways. Other clauses in contracts, for instance, state the number of days that an employee has to give before they can be considered to have resigned.
For example, in Ontario, employers have always demanded reasonable notice to minimise interference. Other clauses that may restrain your activities upon your resignation are also likely to be included in the contract in the form of restrictive covenants like non-compete clauses.
It is advisable to seek the assistance of a labour lawyer in Ontario to ensure that you are not on the wrong side of the provisions regarding any possible litigation.
Legal Consequences When an Employee Resigns Without Adequate Notice
If you do not give adequate notice, your employer may seek compensation, stating that they incurred losses because of your resignation. They could result in a breach of contract or even a wrongful resignation case.
For instance, your employer may claim that the business’s operations were greatly affected, providing grounds for compensation for the losses. A labour lawyer is in a position to explain the legal consequences and possible legal repercussions in case of failure to honour the laid-down resignation terms.
Implied Terms of Good Faith
The general rule is that when tendering the resignation, one is expected to act in good faith. This means you cannot be deceptive or undermine your employer’s enterprise during or after your resignation.
Such an expectation is frequently acknowledged by the Toronto courts and reminds the parties to act fairly and reasonably throughout the resignation process. It is recommended that you talk with a Toronto labour lawyer to ensure that you are aware of these responsibilities.
If you are planning to resign and are unsure of your legal rights and responsibilities, the best thing to do is to consult an employment attorney in Toronto. An expert can assist in preserving your rights and ensure that you are fulfilling your contractual and legal requirements. Call and schedule a consultation with us to protect your rights and entitlements.
