Chapter 12 ▯ Resignation and Retirement
1. Should be formally accepted
a. An employee may retract a written resignation up to the time that the
employer formally communicates its acceptance of the letter
2. Must be voluntary
a. Not entitled to wrongful dismissal damages
b. Only think owing is outstanding wages and vacation pay
c. If employer gives the employee the choice to resign or be dismissed, it is
not seen as voluntary and they are obligated to pay in lieu.
i. If court determines that employee resigned because of this type of
breach, the employee is entitled to damages for CONSTRUCTIVE
3. Inferring resignation from an employees conduct
a. Angrily leaves a manager’s office, returns uniform and keys.
b. The employers should send a letter to the employee formally accepting the
c. If an employee tells an employer that she plans to leave as soon as she can
or that she is looking for another job and cannot wait