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Resignations

We assist our clients with other means of employment termination, such as:

  • resignations, which is the act by which an employee terminates his employment agreement. If a resignation is not clear and is ambiguous (e.g., if it is due to a failure by the employer, such as a failure to pay wages or moral harassment), the employee may dispute it in labor court to have the termination re-categorized as a dismissal without cause.
  • recognition of a termination, which consists of an employee terminating his employment agreement because he accuses his employer of certain acts, and then files a lawsuit asking the court to rule on the consequences of the termination. Therefore, the termination recognition has the effects of a dismissal without cause if the facts claimed by the employee justifies it. If not, it has the effects of a resignation.
  • court-ordered termination of the employment agreement: when an employee claims that his employer has seriously breached its contractual obligations, he may petition the labor court to terminate his employment agreement. If terminated, it is then considered to be a dismissal without cause. If the court does not order a termination, the employee continues to work under ordinary conditions.

For employees, we also advise them about the means of termination best adapted to their situation, the length of their notice period and the compensation due for the final settlement (solde de tout compte) and the end-of-contract documents they must be provided.

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