Does a signed resignation overrule an original contract?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a signed resignation overrule an original contract?
When I first started my job 3 years ago, my contract stated that I had to give 28 days notice from the beginning of the next pay period. I recently gave my boss a notice for 1 week earlier then designated. She signed it and put my requested date as my last. Because she signed it, can I be held to my original contract?
Asked on November 11, 2011 under Employment Labor Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A contract between two parties can be changed by a later contract or agreement between them. When you put in your resignation with a different notice period than what was in your contract, you made an offer to your employer to late you resign as of that date, rather than as per your original contract; when the other party--the supervisor, acting for your employer--accepted it (evidenced by her signing it and putting in the date you requested), that formed a new agreement or contract modifying the old one.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.