Often when an employee quits, there is a clear end to the relationship. But at times, ending employment can be uncomfortable and murky. For an employer, a uncertain ending can mean a big financial risk.
For an employee to be considered to have legally resigned their employment, the ending must be clear and unequivocal. That means there can be no grey area in the resignation, such as: an emotional departure in the heat of the moment, an employee just not showing up for work, or an employee rescinding their resignation. If there is a grey area departure and the employer moves on without clarifying, the employer may be legally seen as having terminated the employee without cause. In that case, the employer is required to pay severance pay. Further, in some circumstances an employer may be subjected to a human rights claim from the employee.
These grey areas of employment relationships is where our guidance is most valuable. A brief consultation with one of our workplace lawyers helps employers successfully strategize for moving forward, and spare your business from costs of unnecessary legal proceedings.