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Resignation vs Termination in Vancouver

Hours Updated onMay 11, 2023 Categories Vancouver
Resignation VS Termination of Employees in Vancouver BC

Resignation from Employment Law in Vancouver, BC

An employee is said to have resigned from employment when he or she voluntarily ends the employment relationship or quits.

Resignation is not straightforward

It is important for you to know that your employer has the burden of proving that an employee resigned voluntarily or quit his or her position. This is rarely as straightforward as your employer would like you to believe. The courts in Canada will look at many factors when there is a dispute about whether an employee quit or was terminated from his or her employment.

Example: After a heated discussion with your boss, you tell him or her that you are “finished at this place”. After you cool off, you return to work the next morning to find a letter from your employer explaining that your resignation from the company has been accepted, and your employer refuses to allow you to continue working. This is likely a wrongful dismissal by your employer. The courts in Canada have held that employers must take certain steps to make sure that an employee intended to quit, before accepting his or her resignation.

Resignation in British Columbia has serious consequences

Generally, if an employee resigns from employment, he or she is no longer entitled to any legal remedies that are available upon termination by the employer.

If you have resigned from your employment because of a change in pay, responsibilities, or as a result of harassment or other embarrassing or abusive circumstances, you may still be entitled to severance or reasonable notice.

We understand that things are not always as they seem when it comes to resigning from employment. We will listen to your story, and determine whether you have resigned from your employment, or were wrongfully dismissed.

Be wary of ‘early retirement’ offers

Many employers attempt to avoid their full severance obligations to their employees by offering an “early retirement” option. You need to understand that this is a resignation in law, and you could be giving up substantial employment and severance pay rights should you choose this option. It is important that you consult an employment lawyer with experience in negotiating these proposals before you sign or otherwise agree to anything.

Learn More → Severance Package Reviews

Our lawyers have significant experience dealing with these situations and we have helped several employees successfully navigate them. This is particularly true of employees who are parting ways with some of Vancouver & British Columbia’s largest employers in the airline and oil gas industry.

We look forward to helping you too!

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At Taylor Janis LLP, we have the skills, knowledge, and expertise to handle all of your employment & labour law needs.

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We also have a dedicated intake form to help you get the ball rolling. Our intake team will review your specific case and advise you on the next steps to take as well as what to expect moving forward.

Our Vancouver office is open 8:30 a.m.—4:30 p.m., Mon—Fri.

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Evan Harvey - Taylor Janis Employment Law

Evan Harvey

EMPLOYMENT and LABOUR LAWYER

Evan Harvey is a lawyer practicing labour and employment law in the Vancouver office. He prides himself in a compassionate and focused approach to developing and maintaining trusting client relationships and advocating his clients’ interests in a meticulous, concise, and straight-forward manner.

  • Learn More About Evan
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Employers often fail to provide the proper severance compensation.

In almost every case, we will obtain a significantly better outcome for our clients — in a timely manner.

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  • For Employees
    • Termination
      • Termination Without Cause
      • Just Cause Termination
      • Termination Notice
      • Terminations & Resignations
      • Resignation vs Termination
      • Termination Without Cause Vs Wrongful Dismissals
    • Severance Pay
      • Severance Package Reviews
      • Reasonable Notice (Severance)
    • Harassment, Bullying and Discrimination
    • Wrongful Dismissal
    • Constructive Dismissal
    • Unionized Employees
    • Government Workers
    • Workers on Contract
    • Employment Agreements
    • Temporary Layoffs
    • Non-Competition & Non-Solicitation Disputes
    • Restrictive Covenants
    • Professional Disciplinary Hearings
    • COVID-19 Legal Resources
    • Fees
  • For Employers
    • Employment Contracts
    • Workplace Policies
    • Employment Litigation
    • Executive Employees
    • Shareholder Disputes
    • Labour Lawyers
    • Employee Immigration
    • Third Party Insurance Claims
    • Human Rights Policies for Employers
    • Workplace Training & Seminars
    • Fees
  • Locations & Team
    • Meet Your Team
    • Locations
    • Contact Us
    • About Us
    • Press
  • Knowledge Centre
    • Alberta Employment Law
    • BC Employment Law
    • Employment Law Info
    • Severance Pay Deep Dive
    • Termination Tips
    • Wrongful Dismissal Help
    • Vancouver Articles
    • Calgary Articles
    • Edmonton Articles
    • Red Deer Articles
    • Kamloops Articles