Ch 12 Flashcards
(DF) What is a employee letter of resignation?
A written letter providing an er with notice of resignation from an ee. Usually binding, except if the ee was coerced.
What are the key points regarding an er’s letter of conformation of an he’s letter of resignation?
- Send it as soon as possible.
- Contains acceptances of resignation
- purpose is to prevent retraction of resignation
- may argue that this letter is not binding b/c it hasn’t been formally accepted.
Does resignation have to be voluntary?
Yes
Even in resign or fire situations.
Who has the onus to prove voluntary resignation?
The ee.
Standard of proof is would a reasonable ee have resigned?
Who has the onus of proof in a wrongful dismissal suit
the ee
Can an ee resign based on breach of fundamental term of employment contract
Yes and receive damages for constructive dismissal.
What is inferring resignation?
When an er has to infer that an ee has resigned based on er’s conduct with 2 key elements:
- Intentional
- An act by the ee that reaffirms the decision to resign.
To ensure that resignation by conduct becomes binding, what should an er do?
Send a letter formally accepting the resignation.
What does infer mean?
To draw conclusions from facts.
If the er doesn’t want the ee to work the notice period after the ee gives notice of resignation, what must the er do?
Provide pay in lieu. It cannot dismiss the ee - that’s termination w/o cause or notice.
If the er wishes to terminate the er before the end of the notice period that the ee gave (no matter how long) what must the er do?
Pay in lieu until the end of the notice period the ee gave.
How much notice must ees give ers for resignation?
Reasonable notice under the common law. This becomes more important/longer the more essential the ee is.
Who should attend an exit interview?
The ee, the ee’s direct supervisor and one other.
What is an exit interview useful for?
Gather feedback Return of company property Underscore legal obligations: -ee not to disclose confidential info -er duty for ROE as well as outstanding wages/pay
Is retirement mandatory?
No. The HR Code changed in 2008.
