The Requirement of Voluntariness

In order for any resignation to be legally enforceable it must involve a decision that was purely voluntary on the part of the employee. An employer cannot coerce or direct an employee to resign their employment. In addition, a number of cases have held that an employee is free to change his/her mind in deciding to resign so long as the employer has not already acted upon the individual's communication of his/her intention to resign, to the detriment of the company. For example, if the employer has already hired an individual from outside the company to replace the person who had expressed an intention to resign, this would be a situation in which the employee may not be free to change their mind and remain with the company.

The courts have also recognized that the expression of an intention to resign, such as blurting out "I quit", in the heat of the moment will not amount to an enforceable resignation of employment. This is due to the fact that such statements or actions are viewed as being emotional reactions in the heat of the moment as opposed to the voluntary decision of the individual.

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