Wrongful Dismissal: Voluntary Resignation v. Involuntary Resignation

Where an employee is given no other choice but to resign or face a without cause termination, this will amount to a wrongful dismissal in most circumstances.

The fact that an employee accepts severance payments from the employer does not mean that the employee has forfeited his or her right to assert a wrongful dismissal claim against the employer.

For a case on point: see Aubin v. H.B. Group Insurance.

If you feel that you have been forced to resign, you should contact an employment lawyer to discuss whether you have a claim for wrongful dismissal.

Robert H. Tanha, Employment Lawyer
"You want me on your side. You need me on your side."

Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Fax: 905-851-9447
Email: robert.tanha.equitylaw@gmail.com 

* This article is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations.