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Wrongful Resignation

If your employee wants to resign, she must first notify you and let you know when she intends to leave. Just like when an employer dismisses an employee, an employee must give reasonable notice of her last day.

Reasonable notice is determined by the same factors as those in a wrongful dismissal action. If your employee doesn't give reasonable notice of her last day, you can sue for wrongful resignation.

To succeed, you must show

  • the resignation was voluntary
  • there was no cause for the resignation
  • here was no reasonable notice of the resignation
  • you suffered a loss because of the lack of notice

You will be able to recover any losses suffered because of the lack of notice and any costs associated with replacing the employee. However, a court will deduct any salary you saved by not paying the employee after her resignation, or any amount you could have saved by hiring a replacement sooner than you did. Recoverable costs may include

  • overtime worked by other employees
  • costs of advertising for a replacement
  • costs of hiring a new employee

More questions? .

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Legal disclaimer:  The information provided on Lawyers-BC.Com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Your access to and use of this Web site is subject to additional terms and conditions.

Last updated: September 20, 1999
© copyright 1999 Lawyers-BC.Com Services Ltd.