Does a signed resignation overrule an original contract?

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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 9 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.


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