What happens if I have submitted a resignation to my employer with a stipulation that they will not agree to?

UPDATED: May 24, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What happens if I have submitted a resignation to my employer with a stipulation that they will not agree to?

I have asked they accept my 23 days resignation and allow me to continue my work from home status for the duration. They are telling me that they will accept the resignation, however I must return to the office as part of a prior resolution. I explained that the prior resolution was a corrective action which is what generated my feeling forced to resign. If they do not allow me to work my notice as I requested, are they then terminating my employment?

Asked on May 24, 2012 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you write, you would most likely not be considered to be terminated.

First, an employer is not required to honor your notice period; once you indicate that you are going to quit or resign, they can treat that resignation as effective immediately.

Second, unless you have employment agreement or some settlement of litigation with your employer which guarantees you the right to work from home, your employer may at any time tell you to come in to the office (i.e. you employer may, at any time, change how and where you work). If you do not come in, they may fire you--but it would be termination for cause, for insubordination and ignoring your employer's lawful instructions, which has the same effect as a resignation for most purposes (such as making you ineligible for unemployment benefits--you can't get UI if you are fired for cause).

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