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Can I be dismissed after I have already given my resignation?
I had made intentions to resign my employment from my employer in December of 2016 as bullying towards me was relentless. On Febuary 21, I was contacted by and told that internal investigations was looking into allegations made against me. Nothing too serious. I notified my union of this immediately. I had been unwell and my union representative notified management and HR that as of February 22, I will be going on no pay sick leave effective immediately. As per the employer's request I surrendered all work and related items, and essentialy had no ties remaining with the employer on Febuary 22. On Febuary 24, I successfully sent a letter of resignation effective immediately to my employer and ensured I notified HR and the union and turned in my access cards. I am now being told that my resignation may be ignored and I may be dismissed instead with cause. Is this possible? Can my resignation be ignored and my unblemished record be stained instead with a dismissal? What are my legal rights? Where can I go for help? My union has not been helpful. All I want to do is sucessfully resign, work elsewhere and move on with my life.
Please help.
Thank you for reaching out to our firm.
Practically speaking, there may not be a material difference between being terminated or resigning in your case; though I understand that no one wants to be terminated for cause. With respect to the legal aspect of your case, any rights you do have will be contained in a collective bargaining agreement, or something similar, between your union and your former employer. This is something that your union will have to help you with. Unfortunately, we cannot act for you in this case.
Practically speaking, there may not be a material difference between being terminated or resigning in your case; though I understand that no one wants to be terminated for cause. With respect to the legal aspect of your case, any rights you do have will be contained in a collective bargaining agreement, or something similar, between your union and your former employer. This is something that your union will have to help you with. Unfortunately, we cannot act for you in this case.