I have been asked to resign what are my rights

There’s been lots of talk about the Great Resignation, or the trend of employees walking away from their jobs amid the pandemic due to stress, unhappiness and a desire to seek new work opportunities.

In my practice as an employment lawyer, though, I hear from concerned individuals across Canada every week who have been directed by their employer to abandon their jobs or who feel they have no choice but to resign.

It’s one thing for someone to voluntarily decide to step back from their job. But it’s a completely different situation when you’re made to resign.

Here’s what to know about your rights as an employee before you give in to your boss’s demands and tender your resignation.

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What is a forced resignation?

A forced resignation occurs when you leave your job because you are put under pressure to resign or your employer says you must quit. You may not want to vacate your job, but you are told you must retire, or you feel you have no other choice but to walk away.

READ MORE: Can you still get EI if you’re fired for refusing to get the COVID-19 vaccine?

For example, your employer may threaten to fire you for cause over a mistake you made on the job. Many people I’ve spoken to believe — incorrectly — that there is a file stored somewhere in Canada that allows all companies to dig into your employment history. Knowing this is a common fear, some employers will offer the chance to resign as a way to avoid a negative impact on your nonexistent file.

Can my boss tell me to resign?

Your employer can’t make you quit. It doesn’t matter if you’ve made a mistake at work or your manager feels you aren’t a good fit for the team.

If you are asked to resign voluntarily, you can refuse. The company may ultimately decide to let you go anyway, but this kind of job loss works more in your favour than if you depart on your own accord.

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READ MORE: The top 5 termination myths — and what you need to know about being fired from a job

Some people I speak to think they are better off resigning than being fired. In my experience, it is almost always better to be let go than to make the call yourself at your boss’s urging, because resigning can impact your ability to get severance.

Do I get severance if I resign?

When you’re fired, the rules set by provincial and common laws require that your employer pay a severance package — which could be as much as 24 months’ pay, depending on certain factors — as compensation. If you resign, you can’t claim anything, and you may also not be entitled to employment insurance.

If your employer forces you to resign, however, you may be able to treat the end of your employment as a termination with help from an employment lawyer at my firm. We call this a constructive dismissal, which is a type of termination that allows you to obtain full compensation.

Companies may pressure you to resign in the hope that you will choose to leave so that they avoid paying out a substantial severance package.

READ MORE: HBC employee’s ‘status change’ a lesson in constructive dismissals: employment lawyer

How do you prove you were forced to quit?

If your employer is trying to force a resignation, make sure you document their attempts in writing. You need to have proof that your employer is trying to force you out. Emails between you and your employer, in which both your positions are made clear, are solid pieces of evidence.

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You also have the option to write a resignation letter explaining that you are quitting only because your employer told you that you must do so.

What if I leave because something happened in the workplace that made it difficult to continue working?

If the workplace becomes hostile or toxic due to ongoing harassment or discrimination, and the company fails to take steps to eliminate the problem, you may have no choice but to quit. This can also trigger a constructive dismissal claim, and you may be entitled to human rights damages in addition to severance.

READ MORE: The 5 facts you need to know about severance pay, according to an employment lawyer

Can I be forced to resign once I hit the age of mandatory retirement?

There are no laws in Canada that require an employee to retire at a certain age or allow an employer to force them to hang up their hat once they reach their senior years.

Companies who forced a worker out of their job or suggested it’s time they move on due to their age would be in clear violation of the employee’s human rights.

READ MORE: What to do if you’re an older worker laid off amid COVID-19 pandemic

As I stress on my weekly radio, TV and livestream programs across the country, you should contact my team at Samfiru Tumarkin LLP immediately if your employer broaches the idea of your resignation. A lawyer can help you get a full understanding of your rights before you let the company pressure you into quitting and surrendering potentially tens of thousands of dollars in severance.

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Is your employer bullying you to quit your job? Don’t forfeit your access to severance pay without getting answers first.

Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, British Columbia or Alberta. Get the advice you need — and the compensation you deserve.

Lior Samfiru is an employment lawyer and partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides free advice as the host of Canada’s only Employment Law Show on TV and radio.