How to handle a letter of resignation

Towards the end of the movie The Devil Wears Prada, lead character Andy Zachs quits her job on the spur of the moment. As she and her boss Miranda Priestly drive up to an event in Paris, she gets out of the car and walks away. She hears her phone ring, realizes it’s Miranda, then throws it into a fountain nearby.  

Dramatic? Yes. A valid resignation under Canadian law? Probably not.  

In this article, we’ll break down what counts as a real resignation, how to handle letters of resignation, and how to craft the appropriate response. 

What is a letter of resignation? 

A letter of resignation is formal written notice from an employee to their employer. It signifies their plan to leave their position and gives a final working date. This can be in a letter or an email.  

Why does it matter? 

A resignation letter is important in meeting administrative and legal requirements: 

• serves as proof that it was the employee’s decision to resign (they were not fired) 
• starts a timeline for offboarding and other processes 
• helps keep an employee’s HR records accurate and up to date 

Employees who voluntarily resign are not entitled to employment insurance. If there’s dispute over whether they were forced to resign, a resignation letter could serve as key evidence.  

Do employees need to give a letter of resignation? 

It is best practice for employees to submit a resignation in writing – by email or hard copy – to clearly document their decision. 

In most Canadian provinces/territories, employees are required to give reasonable notice when resigning – usually one to two weeks, depending on how long they’ve been employed. 

Notice periods when resigning: what Canadian law says  

Notice periods vary across provinces and territories. Here’s what their respective employment standards laws say about notice periods: 

Alberta 

^{Source: Alberta’s Employment Standards rules} 

British Columbia 

Under BC’s Employment Standards Act, there is no requirement for employees to give notice.  

Manitoba 

^{Source: Manitoba’s fact sheet on termination of employment} 

New Brunswick 

Under New Brunswick’s Employment Standards Act, there is no requirement for employees to give notice. 

Newfoundland and Labrador 

In NL, employees (not just employers) follow the same notice periods: 

^{Source: NL’s Labour Relations fact sheet} 

Northwest Territories 

Employment standards in the Northwest Territories only specify notice periods for terminations, not resignations. Employees should consider providing reasonable notice under common law when preparing their letter of resignation. 

Nova Scotia 

^{Source: Nova Scotia’s Labour Standards Code} 

Nunavut 

Labour standards in Nunavut only specify notice periods for terminations, not resignations. Employees should consider providing reasonable notice under common law when preparing their letter of resignation. 

Ontario 

^{Source: Part XV of Ontario’s Employment Standards Act} 

Prince Edward Island 

^{Source: Notice of Termination, PEI’s Employment Standards Act} 

Quebec 

While Quebec’s labour code does not define specific notice periods, its Civil Code says that employees should give “reasonable notice” when resigning. This could depend on factors such as the employee’s job title or the nature of the role.  

Saskatchewan 

^{Source: Saskatchewan Employment Standards} 

Yukon 

^{Source: Termination of Employment fact sheet} 

What we’ve outlined are baseline figures, so employers can set longer notice periods. Rules on notice periods must be captured in writing either: 

• as part of a collective agreement 
• outlined in your company handbook 
• included in employment contracts 

Doing this will help prevent any disputes or claims of wrongful resignation. 

Is a resignation letter legally binding? 

A resignation letter is legally binding if it is: 

• voluntary 
• communicated clearly 
• sent to someone in authority 
• acknowledged or accepted by that person in authority 

Let’s go over these points in a bit more detail: 

It must be voluntary 

An employee’s resignation should be of their own free will, not forced. If they were made to choose between resigning or getting fired...that’s invalid and illegal.  

If an employee felt that resigning was the only option in a toxic work environment, they may have grounds for legal action against the company. Here’s advice on how to avoid constructive dismissal. 

Resignation must be communicated clearly 

While a written resignation is not strictly required by law, it is highly recommended. There’s a lower risk of future disputes if the resignation is put in writing.   

Verbal resignations are subject to interpretation. Most of the time, they are uttered in the heat of the moment (“I quit!”). If this happens – and the employee is set on leaving – ask them for written confirmation that they are resigning. 

Offboarding an employee based merely on their verbal resignation could lead to a wrongful dismissal charge.  

It must be sent to someone in authority 

The letter of resignation should be sent to a supervisor, department manager, or the HR lead. It is not legally binding unless it is sent to someone in authority.  

As a common courtesy, the employee should speak to the direct supervisor first, then hand over a letter of resignation.  

It must be acknowledged or accepted by that person in authority 

The person that the resignation letter was addressed to should acknowledge or accept it.  

• Acknowledge: person in authority says they have received the letter 
• Accept: person in authority accepts the resignation, then outlines next steps in the offboarding process 

To accept a resignation letter leaves the door open for further negotiations. This could mean a counteroffer, clarification of notice periods, even a withdrawal by the employee.  

Once an employee’s clear and unequivocal resignation is accepted, it becomes legally binding.  

How to respond to a resignation letter  

The way that you or your organization’s managers respond speaks volumes about company culture. Here are some pointers to remember when replying to a letter of resignation: 

• Use formal language. Outline the facts, such as what role the employee is resigning from and when the letter was received. Your response should also document the employee’s final day of work.  
• Be clear in your response. Are you accepting the resignation? Or are you presenting a counteroffer? Use clear, plain language to avoid any confusion or misunderstanding.  
• Outline the next steps. If you’re presenting a counteroffer, state when the employee should get back to you with a decision. If you accept the resignation, go over the next steps for the offboarding and handover process.   
• Show understanding of why they decided to leave. Express regret at their departure, thank them for their contributions, and share your best wishes. Use a positive and professional tone.  
• Offer to write a recommendation letter, if appropriate. This gesture shows a sense of goodwill toward the employee. 
• Invite them to participate in an exit interview/survey. Exit interviews aren’t mandatory, but departing employees can offer their views on management, company culture, and other vital insights. Your organization will benefit from what they have to say. 

Why the need to respond to a letter of resignation? It closes and formalizes the initial resignation process. The employer will need to accept the resignation to make it legally binding, and this response letter is a crucial element there.  

Keep records of everything, especially if disputes arise in the future. Use a reliable human resources information system (HRIS) to manage and store key employee data. 

Drafting a thoughtful and professional response helps build the company brand. Your departing employee could be an ambassador of sorts for your organization if their exit is handled with sensitivity and tact.  

Can an employee withdraw their resignation letter? 

An employee cannot legally withdraw their resignation once an employer accepts it. 

In the case of English v. Manulife Financial Corporation in Ontario, an employee gave her employer written notice for her retirement at the end of the year. She changed her mind during her working notice period, but the employer refused to withdraw her retirement notice. When she sued for wrongful dismissal, the employer won the case.  

The court stated that once an employer accepts an employee’s resignation, it is binding. Under the rules of contract law, all the parties involved merely need to agree to bring a contract to an end. 

Letter of resignation: more than a formality 

A resignation letter goes beyond just paperwork – it's the start of a professional exit that reflects on your entire organization. Managing this process thoughtfully can strengthen your offboarding strategy, protect against legal risk, and leave the door open for talent to return.  

For case studies on termination of employment, including resignations, visit and bookmark our section on employment law cases.