Can you rescind a resignation in Ontario?

Resigning from a job can be an emotional and impulsive decision, and sometimes you may want to take it back. In Ontario, there are situations where an employee can rescind or retract a resignation, but certain conditions must be met. Let’s break down when and how you might be able to reverse a resignation.

Can you rescind a resignation in Ontario?

Yes, under specific circumstances, you can rescind your resignation in Ontario. However, the possibility of taking back a resignation largely depends on how the resignation was given and whether your employer has acted on it.

Timing is key: Act fast

The sooner you try to rescind your resignation, the higher the chances of success. If you realize you’ve made a mistake and quickly notify your employer, they may allow you to retract the resignation, especially if they haven’t yet accepted it or made significant changes, like hiring a replacement.

Factors that impact whether you can retract a resignation

Several factors influence whether your resignation can be reversed:

• Clear Intent to Resign: Was your resignation clear and unequivocal, or was it made in the heat of the moment? If your resignation was given under stress or as a snap decision, it may be possible to retract it.
• Employer’s Response: Has your employer acted on your resignation? If they’ve started the process of replacing you or made other arrangements based on your resignation, it becomes more difficult to rescind it.
• Was Your Resignation Voluntary: A resignation must be voluntary and clear to be valid. If your employer forced you to resign or you were under duress, you may have grounds to take it back.

WATCH: Employment lawyer Lior Samfiru shares the five questions to consider before resigning from your job on the Employment Law Show.

Can you retract a two-week notice?

Rescinding a two-week notice follows the same rules as retracting any resignation. If your employer hasn’t made any significant changes after your notice, they may accept your request to take it back. However, if they’ve started preparing for your departure, your chances of success may be lower.

LEARN MORE
• Giving two weeks’ notice when you quit (Ontario)
• WATCH: CTV Interview on ‘Forced Firing’

What happens if your employer refuses to take you back?

If you try to quickly retract your resignation and your employer refuses to reinstate you, this could be considered a termination. In such cases, you may be entitled to a full severance package—up to 24 months’ pay in Ontario—through a wrongful dismissal claim. The employment lawyers at Samfiru Tumarkin LLP have experience securing millions of dollars in severance pay for tens of thousands of clients.

Takeaways for Employees

• Think Before Resigning: Avoid resigning on impulse. If you’re facing challenges at work, take a moment to calm down and think logically before making any decisions.
• Act Quickly to Retract: If you decide to take back your resignation, do so as soon as possible. Notify your employer in writing to increase your chances of keeping your job.
• Clear Communication: When resigning, use clear and unambiguous language. Avoid vague statements like “I think I’m leaving.”
• Be Consistent: If you don’t truly intend to resign, avoid behavior that could suggest otherwise. Don’t tell co-workers you’ve quit or start packing your belongings.

Takeaways for Employers

• Handle Emotional Resignations Carefully: If an employee resigns during an emotional moment, give them a “cooling off” period before accepting it.
• Seek Clarification: After the cooling-off period, confirm the employee’s true intent to resign. Avoid assuming resignation was voluntary without checking.
• Consider External Factors: Take into account any personal or workplace issues that could have influenced the employee’s decision before formally accepting the resignation.
• Be Cautious With Acceptance: Once the resignation is confirmed, provide written acknowledgment. However, if allowing the employee to stay has no downside, it may be beneficial to permit a retraction.
• Document Resignations: Request that all resignations be provided in writing to avoid confusion or disputes later on.

Contact Us Today

If you’ve tried to retract your resignation but your employer has refused, or if you believe your resignation wasn’t voluntary, you have legal options. Contact Samfiru Tumarkin LLP for expert advice on your rights and potential compensation. It is vital that you reach out to us before you resign to ensure that your rights remain intact.

Our lawyers in Ontario, Alberta, and B.C. have successfully represented more than 50,000 thousand non-unionized individuals in their employment law matters.

In addition to severance packages and human rights issues, we can assist you on a broad range of employment matters, including:

Are you a non-unionized employee who needs help with a workplace issue? Contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.