Your Questions About Resigning From a Job in BC, Answered
Note: This article does not contain legal advice about employment law. If you would like advice on your specific situation, please contact Spraggs Law.
Today, the Spraggs Law team discusses what British Columbians should know regarding resigning from a job in BC.
Here at Spraggs Law, we have an extensive background in employment law. One of our most asked-about areas is resignation.
That’s why, in today’s blog, we’ll be answering your questions about resigning from a job in British Columbia– and why it’s vital for both employees and employers to know their rights in order to keep the resignation process running smoothly.
Question #1: What Length of Notice Are You Required to Give?
The first thing to note is the length of notice employees are required to give when resigning from a workplace.
Your employment agreement might include a notice requirement. If it does, you should follow the provisions of your agreement. This could be a collective agreement if you are part of a union. If there is no contractual requirement, the common law rule is that employees are required to give reasonable notice of resignation. What this means can vary from job to job. Usually, two weeks is safe for employees that are not at the management level. If you are unsure about your position, you should seek legal advice.
Question #2: What Does Your Letter of Resignation Need to Include, and Who Do You Give It To?
Once it’s known what the last day of work is going to be, an employee should write an email or resignation letter to the place designed by the employment agreement or workplace policy. If there is nothing in an agreement or policy, employees can send the resignation letter to their direct supervisor.
Not only is this the courteous thing to do, it increases the likelihood that your final pay cheque, vacation payout, and record of employment will be ready after your last day of work.
A letter of resignation needs to include both the intent to resign and the active date of your resignation.
Question #3: Do You Still Receive Termination Pay, Severance Pay, or EI When Resigning From a Job in BC?
When a British Columbian resigns, they don’t receive termination pay, severance pay, or EI because they are the one to end the working relationship. If the roles were reversed and an employer is the one to end the working relationship, then the employee could receive the three payments listed above.
However, exceptions are made to this rule when an employee proves that they are leaving if:
- They are being harassed at the workplace
- They have been demoted
- They have been repeatedly asked to perform unsafe work
If any of the above points are the case, the employee may be owed money. This is called constructive dismissal.
Question #4: As an Employee, Do You Have Obligations to Your Employer After Resigning?
Our fourth and final question that we commonly field is, “Do employees have obligations to their employers after they’ve resigned?”
The answer to this question is yes. Normally, these obligations consist of the employment contract, which might include something like the following:
- Depending on the contract, there may be something that states an employee is not permitted to talk to the previous employer’s customers for a certain amount of time
- An employee may not permitted to be a contender in the same business
One way to clear up any uncertainty and confusion surrounding your resignation is enlist a lawyer’s help.
How Spraggs Law Can Help You Questions About Resigning From a Job in BC
Spraggs Law offers legal help to employees and employers alike by directing them through BC employment guidelines, as well as offering representation should the need arise.
Give us a call at 604-359-1627 to discuss how we can offer personalized assistance regarding resigning from a job in BC based on your unique needs.
