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 3 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 3 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.


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