Resignation

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Resignation

I submitted resignation to current
employer giving 3.5 weeks notice as I
accepted new job. Three days later I
was told the new job is no longer
available. I submitted letter to rescind
the resignation. I am well in the notice
period, 2.5 weeks left. Do I have any
rights?

Asked on January 13, 2018 under Employment Labor Law, Maine

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The fact is that there is no right to rescind a resiganation, not even under the circumstances that you have outlined. A resignation is effective as the time that it is given. Whether or not to let you remain is up to your employer's discretion (absent an employment or contract or union agreement to the contrary). 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you do not have any rights. There is NO right to rescind a resignation: once you indicate that you are leaving work, you have given up your job. The notice period is a courtesy, but does not create a "cooling off" or "cancellation" period during which you can rescind the resignation; the resignation is effective once you give it, even if you gave notice and so don't actually leave employment for a few days or weeks yet. The employer could, of course, choose to take you back, but they are not required to.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption