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It is possible to get your job back if you act quickly, and the reason for resignation was related to duress or suffering from a mental or physical injury.

Your predicament is one that many people have experienced across North America.

South of the border, , an increase of 33 per cent compared with the year prior.

Here in Canada, global recruiting firm  reported that 60 per cent of professionals were looking to leave their jobs in 2022, and vacancies were 75 per cent higher than they were in 2019.

This phenomenon is known as “The Great Resignation.”

In 2022,  (an HR payroll tool) surveyed 825 Americans who quit their jobs and found that 80 per cent believed they had made a mistake.

Sixty-eight per cent of the former employees said they had attempted to get their jobs back, but only 27 per cent were rehired.

This phenomenon is fittingly known as “The Great Regret.”

The law on resignation is quite clear.

In Meadow Park Nursing Home v. S.E.I.U., the arbitrator stated that in order for an employee to be found to have effectively resigned from employment it must be demonstrated not only that they had a “subjective intention” to resign but also that this intention be confirmed by some “objective conduct.”

The concern that underlies this doctrine is that resignations frequently happen in the heat of the moment or at times of personal stress.

They may not express the employee’s real wishes.

Therefore, in order for a resignation to be valid in law, it must be “continuing and real,” meaning that it is possible to get your job back even if you gave an oral or written expression of your desire to resign from your employment.

In the decision of O.F.L v. C.O.P.E., Local 3, the court summarized the law of resignation as follows:

“In many cases, the difference between the parties centres on whether an employee who expressly declared an intention to quit really meant what he or she said. It is not uncommon for people in a highly emotional state to declare an intention to resign which is not sincere. If, on the facts of a case, the employee’s statement was made on the spur of the moment, or out of anger or frustration, for example, it will typically be found to lack the subjective element that is necessary to establish a quit. ‘Resignations’ made under duress and undue pressure, emotional turmoil and stress, or provocation, or by persons whose mental and medical condition deprived them of the capacity to make such decisions rationally, are treated the same way.”

However, “if the person simply opted to resign rather than face a less desirable alternative (such as a criminal prosecution and/or discharge) or made an ill-considered decision, acting unwisely and/or on a mistaken belief, the employee will, in the absence of any extenuating circumstances, likely be held to his or her declared intentions.”

If you have left your job on good terms, and it has not been too long since you quit, the first thing you should do is rescind your resignation in writing.

Apologize, and state that you made your decision to leave in haste and explain why.

Communicate that you have now realized that it was not your actual intent, and you regret your actions.

If there was a particular incident at this job or in your personal life that significantly impacted your mental and physical health which in turn pushed you to resign, be sure to clearly outline this experience.

Highlight steps both you and your employer would take to rectify any issues.

It is important to remember that your employer is not legally obligated to rescind your resignation until your circumstances meet the criteria outlined in the aforementioned cases.

If your request is denied, respond professionally in an effort to avoid burning bridges.

This way you could apply for another position in the future.