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Transfer Instead of Resignation

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  • Transfer Instead of Resignation

    ONTARIO - CANADA

    Here is my situation. I resigned from my position last week. When my boss and I sat down to discuss the reasons from me leaving he offered to transfer me within the organization instead of accepting my resignation. I happily accepted this offer.

    It has now been over a week since I resigned and I have had no communication from either my boss or HR regarding my transfer or resignation. Emails to my boss for updates go unanswered. Someone else has now started to do my "old" position and I am assisting in the training.

    It was my understanding that the offer for transfer meant my resignation was not accepted so I fully expect to be employed with the company after my resignation date.

    Can my boss now force to me resign? I am entitled to severance/Unemployment if the transfer falls through?

    I realize this board is US focused, but any insight would be appreciated.

    Thanks!

  • #2
    The problem is that US law and Canadian law are not the same, and no one here knows Canadian law.

    In the US, the answers would be:

    1.) You already resigned - if the transfer fell through the company does not have to allow you to rescind it

    2.) Severance - no; unemployment depends on your state

    But that doesn't mean the answers in Canada would be the same.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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