How much notice do I have to give my employer if I want to resign?
In Ontario there is no universal mandate regarding the amount of notice that an employee must give if they wish to resign. Contrary to popular belief, there is no statutory requirement to provide two weeks notice of resignation.
How much resignation notice an employee is required to provide will generally depend on the employee’s contract or employment. Most employment contracts or letters of offer, will stipulate the amount of notice an employee is to provide. If you are thinking about a resignation, definitely refer back to your contract or letter of offer to verify the notice requirements.
If there is no contractual provision governing the employee’s resignation notice obligation, then the common law rules apply. The rule is very simple, an employee should provide reasonable advance notice of resignation. What is “reasonable” will depend on the individual circumstances of the employee, including the length of time it takes for an employee to secure and train a suitable replacement. This may be less than 2 weeks or it could be longer. Generally speaking, if the employee is a fiduciary, a senior level executive, or someone who is considered a “key person” of the employer, they will be obligated to provide a longer notice period than a lower level position that is more easily replaced. Regardless of the position, there may be unique circumstances in connection with the employer’s operations that may necessitate a longer notice period than in ordinary circumstances, for example, if the employer is going through a pending acquisition or other material changes.
Some employers will not hold the employee to that notice period and in some cases, the employer may abruptly end the employment relationship upon learning of the employee’s pending resignation. That said, providing your notice of resignation is not grounds to terminate your employment for cause. The dismissed employee may be entitled to a severance package or at a minimum their outstanding wages and earnings accrued to the end of the resignation notice period. It’s prudent in these circumstances to speak with an employment lawyer to review your rights, obligations and any financial entitlements that may exist.
