I Quit in the Heat of the Moment. Can I Take It Back?
Blurting out "I quit" in anger does not always end your job. A resignation has to be clear, deliberate, and voluntary, and a hasty one can often be taken back.
Key takeaways
- A valid resignation must be clear, unequivocal, and voluntary, judged objectively.
- Words said in anger or distress are often not a real resignation.
- An employer should usually give a cooling-off period before relying on a hasty resignation.
- You can frequently rescind a resignation, especially if it was ambiguous or the employer has not relied on it.
- If the employer treats an invalid resignation as final, that can be a dismissal owing severance.
In this article
Almost everyone has wanted to storm out of a bad day at work. If you actually said the words, or fired off an angry resignation email, you may be panicking that you have thrown away your job and your severance. In Ontario, it is often not that simple. A resignation has to meet a real legal standard, and a hasty one can frequently be undone.
✅Quick answer. A resignation only counts if it is clear, unequivocal, and voluntary, viewed objectively. Words blurted out in anger or under pressure often do not qualify, and an employer should generally give you a reasonable chance to cool off and confirm before treating you as gone. You can often withdraw a hasty resignation. If the employer instead seizes on an invalid resignation to end your job, that can be a dismissal entitling you to severance.
What makes a resignation valid?
The test is whether a reasonable person, looking at everything that happened, would conclude that you truly intended to resign. The resignation has to be clear and unequivocal, and it has to be a genuine, voluntary choice. A vague or emotional statement, made in the middle of a conflict, usually does not meet that bar. Courts do not treat a moment of frustration as the same thing as a considered decision to give up your livelihood.
Heat-of-the-moment resignations
When someone quits in obvious anger or distress, the law expects the employer to pause rather than pounce. A reasonable employer should let a short cooling-off period pass and confirm whether the person actually meant to resign, particularly where the words came out during a heated exchange. An employer that instantly accepts an emotional outburst as a formal resignation, and refuses to let the employee return, is often really engineering a dismissal.
When an ambiguous statement is not a resignation
Ontario courts have repeatedly refused to treat unclear statements as resignations. In Kieran v. Ingram Micro Inc. (2004 CanLII 4852), an employee expressed that he could not continue under a new president and raised conditions for staying. The employer characterized this as a resignation, but the Court of Appeal disagreed, finding there was no clear and unequivocal resignation and that the employee had in fact been wrongfully dismissed, entitling him to reasonable notice. The lesson is that an employer cannot manufacture a resignation out of an employee's frustration or negotiating stance.
Can you rescind a resignation you already gave?
Often, yes, especially if it was equivocal or the employer has not yet relied on it. In English v. Manulife Financial Corporation (2019 ONCA 612), an employee gave notice that she would retire, largely because of an expected change to a computer system. When that change was cancelled, she tried to withdraw her notice. The Court of Appeal held that, in the circumstances, her notice was not clear and unequivocal and that she was entitled to rescind it, so treating her as retired was a dismissal. If your reason for resigning disappears, or you move quickly to take it back, you may be able to reverse it.
What if the employer treats your resignation as final?
Then the question becomes whether there was ever a valid resignation at all. If there was not, and the employer used it to end your employment, the law can treat that as a dismissal, which means you may be owed the same severance as anyone let go without cause. This is closely related to a forced resignation, where the employee is pressured out, and to the difference between quitting and being fired for both severance and EI.
What should you do if you resigned in the heat of the moment?
- 1.Act quickly. Tell your employer in writing that you did not intend to resign and wish to continue working.
- 2.Do not confirm or sign anything that formalizes a resignation you did not mean.
- 3.Keep a record of what was actually said, and the circumstances, while it is fresh.
- 4.Get advice. A free review can tell you whether your resignation was valid and what your options are.
If the employer will not let you take it back, do not assume that is the end. A resignation that was not clear, unequivocal, and voluntary may not be a resignation at all, which turns the situation into a wrongful dismissal question.
Frequently asked questions
Can I take back a resignation in Ontario?
Often yes, especially if it was said in the heat of the moment, was ambiguous, or the employer has not yet relied on it. A resignation must be clear, unequivocal, and voluntary, and a hasty one can frequently be withdrawn.
Does quitting in anger count as resigning?
Usually not on its own. Words said in anger or distress are often not a clear and voluntary resignation. A reasonable employer should allow a cooling-off period and confirm your intention before treating you as gone.
My employer says I resigned, but I did not mean to. What can I do?
Tell them in writing, promptly, that you did not intend to resign and want to keep working, and keep a record of what happened. If there was no clear and voluntary resignation and they end your job, it can be a wrongful dismissal owing severance.
Can my employer refuse to let me withdraw my resignation?
It depends on whether there was a valid resignation and whether the employer relied on it. If your resignation was equivocal or you moved quickly to rescind, as in English v. Manulife, you may be entitled to take it back.
Omar Haddad
Legal Writer, Mirza Law
Omar Haddad is a legal writer at Mirza Law in Toronto. He writes about termination, medical and disability leave, and what the law protects when an employee is let go.
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