Regretting Your Resignation? Discover How to Get Your Job Back!

Understanding Resignation and Reinstatement

Q: I have recently resigned from my job, but I regret it now. Is it possible for me to be reinstated and get my job back?
A: That depends on exactly when and why you resigned. It is possible to get your job back if you act quickly, especially if your resignation was related to duress or suffering from a mental or physical injury.

This scenario is one many have faced across North America. In Canada, a global recruiting firm, Hays, reported that 60% of professionals were looking to leave their jobs in 2022, with vacancies 75% higher than they were in 2019. This trend is part of what is known as “The Great Resignation.”
In a survey conducted by Paychex, 80% of the 825 Americans who quit their jobs believed they made a mistake, and 68% attempted to get their jobs back, but only 27% were rehired. This phenomenon is termed “The Great Regret.”

The Legal Framework of Resignation

The law on resignation is quite clear. In Meadow Park Nursing Home v. S.E.I.U., the arbitrator stated that for an employee to be considered to have effectively resigned, there must be a “subjective intention” to resign confirmed by some “objective conduct.” The concern is that resignations often occur in moments of high stress and may not reflect the employee's true wishes.

For a resignation to be legally valid, it must be “continuing and real.” This means you might still be able to get your job back even if you expressed your desire to resign orally or in writing. The court in O.F.L v. C.O.P.E., Local 3 summarized this law, emphasizing that emotional states can lead to hasty decisions that do not represent sincere intentions to resign.

Steps to Take If You Regret Your Resignation

If you left your job on good terms and it hasn't been too long since you quit, the first step is to rescind your resignation in writing.

• Apologize and explain that you made your decision hastily.
• Clearly communicate that you regret your actions and outline any incidents affecting your mental or physical health that influenced your resignation.
• Highlight the steps both you and your employer could take to address any issues.

It's crucial to remember that your employer is not legally obligated to rescind your resignation unless your circumstances align with the legal criteria. If your request is denied, respond professionally to avoid burning bridges for future opportunities.

Final Thoughts

Navigating the aftermath of a resignation can be challenging, but understanding your rights and the legal framework can guide you in making informed decisions about your career.