27 Oct Can an employee retract their resignation?
If an employee has chosen to resign from their workplace and the employer has formally accepted this resignation, the employee may not renounce their resignation. When the resignation is accepted by the employer, it is a legally binding agreement.
There are three circumstances where an employee may renounce their resignation with the workplace. The employee may legally retract their resignation if the decision was made without “clear and unequivocal intent” or if their decision was made under emotional stress. For the resignation to be clear and unequivocal, the employee’s intention to resign must be completely voluntary.
Cases Where a Voluntary Resignation May Be Retracted
It is still possible for the employee to retract their resignation even if their resignation was initially voluntary.
First, the employee may withdraw their resignation if the employer does not accept the resignation. The employer may choose to reject the resignation if they require more notice. At this time, if the employee has changed their mind, they may decide to take back their resignation notice.
Second, the employee may retract their resignation if the employer has not yet given the employee a formal acceptance or made any changes at the workplace related to this resignation. Without the employer’s response, there is opportunity for the employee to change their mind.
Lastly, there is a chance that an employer may allow the employee to withdraw their resignation, even after the employer has responded, if they change their mind very quickly after the resignation was provided. The employer may be willing to allow for this contract to be retracted, but the employer has no legal responsibility to allow the employee to keep their job. Once the employer accepts the resignation, it may be too late for the employee to change their mind.
If you wish to resign from your current workplace and have questions about the process, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.