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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100423
Experience:  Lawyer
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We are located in Ontario, non union warehouse. I have an employee

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We are located in Ontario, non union warehouse. I have an employee that gave me a verbal resignation on Monday stating his last day would be this Friday essentially 5 days notice. He did not show up to work on Wednesday. He now wishes to withdraw that resignation. What are my legal options?
Do I have to accept his withdrawal?
Can I accept his withdrawal on written conditions?
If so what are the limits of those conditions?
Can I tell him no, I will not accept his withdrawal and tell him he must reapply and if hired he will start off as new employee, and be bound by our new hire conditions?
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

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As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

He has resigned.

So the ball is in your Court.

You can overlook the resignation.

You can tell him you will rehire him but he is starting over.

You can say you are not rehiring him.

It's up to you but you should be sure to get some agreement from the employee in writing if you do want to hire him back.

Let me know if you need any further clarification.
Customer: replied 4 years ago.

Thank you Debrah -

The guy has been with us for 6 years. So if we tell him we will re-hire him and he's starting over.... that means the same probationary period we give new hires? Same salary as new hire not his current salary? No benefits until pass of probationary period?. If we do re-hire him… does that constitute any continuance? Meaning if we had to let him go in a few months or a year, will severance be based on 6 years or from the time he was re-hired?

There is really no clear answer to your question about the continuance because the concern is that the Court can take the position that you did not really accept his resignation and then re-hire him.

I think that the Court may strive to protect him if he is later dismissed by you without just cause.

In may view you should protect yourself by having an employment lawyer review the facts and then draft a contract for him to sign.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)
Debra and other Canada Law Specialists are ready to help you
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

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Thanks and take good care!

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