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Rescinding a Resignation
Posted by: anabernice
Date: 8/7/2006 9:19:45 AM
My manager submitted her resignation in an effort to keep from being terminated which was definitely in the works. However, upper management decided to accept the resignation but shortened her desired stay on the job. As a result, she will be out of work in a matter of weeks. Can she legally rescind the resignation letter and stay on as long as it takes to secure other employment and/or until she is officially fired?
| Reply from: |
mashermac |
| Date: |
9/11/2006 10:26:00 AM |
| Reply: |
In the U.S., most states are "right-to-work" states (sometimes known as "Right-to-get-fired" states) and almost all non-contracted employees are employees at will meaning that they can quit, with or w/o notice -- for any reason at any time -- and also that they can be terminated w/ or w/o notice at any time for any reason just so long as it isn't for an illegal reason like because they're too old, or the wrong skin color etc.... Employers can set any termination policy they want regarding severence, seperation etc. Their only obligation is that they have to follow their own policy. In your manager's case, it sounds like she was escaping before she got terminated. The company is under no obligation to let her "work her notice" although most companies will offer pay in lieu of notice if they don't want the employee hanging around. When a company tosses out an employee who has submitted a typical two week notice, it backfires in the long run because it sends a message that notice will not be accepted, so future departing employees just leave w/o notice and mgt. is left scratching their heads over why this keeps happening. ' |
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| Reply from: |
justventing |
| Date: |
10/7/2006 12:28:00 AM |
| Reply: |
Who in there right mind would be honest about why they are firing someone anyways...I worked for a man who once asked a manager of mine to fire one employee because they were fat, and another was for being gay. Do you think that would of been the reason they used telling them that is why they were being fired?? The manager refused to do this so he was railroaded out of the company. |
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