Employment Law Show: Ontario – S11 E99

Episode Summary

When should employees resign from their employment? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader at Samfiru Tumarkin LLP, answers this question and more on the Employment Law Show.

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can hear the show live on Mondays to Thursdays at 640 Toronto and 980 CFPL in London at 6:30 p.m. ET, as the hosts take calls from listeners and provide vital answers to employees and employers.

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Show Notes

• An employee placed on a PIP plan and terminated: Employers typically place employees on a performance improvement plan in order to build a case for future termination. It is very difficult for employers to terminate an employee “for cause” due to performance reasons. In many cases, employees would still be owed severance pay.
• Definition of a resignation: A resignation must be completely voluntary and cannot be forced into by an employer. Employers that have pressured an employee into a resignation can be considered to have terminated their employment. In a true resignation, employees would not be owed severance.
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    • Forced resignations treated as a termination
• The heat of the moment resignation: The law understands that a resignation in the heat of the moment can be taken back by an employee. Employees that wish to return to their position must do so quickly and in writing. It is beneficial for an employee to be terminated without cause, rather than resign as a resignation results in a loss of entitlements.

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