The Requirement to Provide Notice of Resignation

Generally speaking, the notice that an employee is required to give of their intention to resign will almost always be less than the notice that the employer would be required to give to terminate the employment of that individual. This is due to the fact that the only factor that is relevant in determining the reasonable period of notice of resignation to be provided by the employee is the time that it would take the employer to replace the employee or take measures to minimize or eliminate any consequences resulting from the departure of the employee.

There have been so few cases in which a court has been called upon to determine the reasonable period of notice of resignation that it is difficult for even the experienced lawyers in this area to give an opinion as to the reasonable period of notice to provide on resignation.

Finally, it is not a legal requirement that a notice of resignation be in writing. However, as a practical matter, it makes sense to reduce it to writing for purposes of clarity and so that there is a record of the resignation.

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