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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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).


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