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Rescinded Resignation
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Rescinded Resignation
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
One of our employees resigned almost a week ago, giving 2 weeks notice. We accepted the resignation, feeling that it was in the best interest of both the company and the employee because of problems w
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Rescinded Resignation
posted at 7/28/1999 7:06 PM EDT
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Posts: 16
First: 6/21/1999 Last: 7/19/2001 |
One of our employees resigned almost a week ago, giving 2 weeks notice. We accepted the resignation, feeling that it was in the best interest of both the company and the employee because of problems with his performance.
After not showing up on Tuesday (no call, no show) and again on Wednesday, he e-mailed us Wednesday afternoon saying he wants to rescind his resignation and would return to work either Thursday or Friday (hasn't shown up yet today, though). Must we rescind his resignation? If we don't, have we then terminated him? Our thoughts are the same as when he resigned -- a good decision for both parties -- so we don't want to rescind the resignation, but aren't sure what legal liability this opens up for us. Our policy on no call, no show is 2 days with no call, no show, then termination. Since he e-mailed us on Wednesday, technically, he did contact us within the 2 days. |
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Rescinded Resignation
posted at 7/28/1999 10:20 PM EDT
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Posts: 90
First: 6/23/1999 Last: 9/26/2001 |
When you "accept" a resignation, does your HR department send out a notice to the employee stating that his resignation was received and accepted? That is what we do. Therefore, if this situation comes up, we can then say it has been received and accepted. Therefore, we are declining your rescencion of the submitted resignation. So my answer is no, you do not have to accept their coming back. Particularly in the light of your policy of the 2 no call, no show. He would probably rather have a resignation in his file than a termination and if it is questioned, I would point out the benefits of such, especially where reference checks from prospective employers are concerned. |
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Rescinded Resignation
posted at 7/29/1999 3:41 AM EDT
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Posts: 4
First: 7/20/1999 Last: 8/23/1999 |
I agree with BetHutch. I have had similar situations in a company that does not respond to writing to an employee's resignation. (I am assuming that you received his resignation in writing, however.) Just like she states, we simply say "Thanks but we have accepted your resignation and it will stand." No if's, and's, or but's about it. |
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Rescinded Resignation
posted at 7/29/1999 3:55 AM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
As a theoretical matter, once an employee resigns (particularly if you have accepted the resignation), there is no longer any employment relationship-- the employee and employer have gone their separate ways. There is no legal right to "rescind" within a set period of time.
Theory is one thing, practice is another. Will the employee dispute that he resigned? If so, what evidence do you have? (New York, for example, requires written notice within five days of the termination of employment). Is there a writing, recording, etc. of his resignation? How does his Wednesday e-mail characterize the "resignation"? |
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