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Q: Can my company force me to resign?


Strictly speaking, an employee can’t be compelled to resign. A resignation must be the voluntary act of the employee.

For an employee’s actions to amount to a resignation, they must communicate or evince a clear and unequivocal intention to resign. If an apparent resignation was not voluntary, a court could rule that the employee was dismissed without cause or notice and award damages.

Sometimes an employer will ask an employee to tender their resignation when it thinks there is cause for termination. Employees may feel inclined to comply to avoid the stigma of a cause allegation, but they should be very careful before taking that step. There may not actually be just cause for termination, but a resignation would generally disentitle the employee to pay in lieu of notice.

Remember: don't take these articles as legal advice! If you have a legal issue, you should consult a lawyer, whether that be us or someone else . The law is riddled with exceptions and nuanced points. These articles only provide tid bits of information for the interested reader. They are by no means exhaustive.


This website does not provide legal advice or opinion and should not be relied on as such advice or opinion. The articles here provide general information only. Tomm Law makes no claims, promises, or guarantees of the accuracy or completeness of the information. Articles are not updated after publication and may become outdated with changes in jurisprudence or legislation. Your use of this site is subject to the Terms and Conditions, which include disclaimers and waivers of liability.