What to do if I put in my 2 weeks notice at work but have changed my mind?

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What to do if I put in my 2 weeks notice at work but have changed my mind?

After a week, I talked to my Assistant Store Manager my manager was out of town and told her that I needed to resend my resignation due to family issues. She told me that was fine and it would make scheduling for the following week easier. I checked the schedule and noticed I had been completely taken off for the following weeks. My manager then came in and told me that while I had not been fired, they had planned ahead for my resignation and hired someone else for the position. So while I had not been fired, they were not offering me my own job back.

Asked on October 10, 2012 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry.  Generally speaking, you should always do all of this in writing.  It is my understanding that under California Law an employee is entitled to withdraw a resignation if she or he does so (1) before its effective date, (2) before it has been accepted, and (3) before the appointing power - the employer - acts in reliance on the resignation.  If in fact they hired another to fill your position you may have no options here but timing is everything.  When did you withdraw in speaking with the Assistant Manager?  When did they hire?  You may need to speak with some one on the matter who can help you chart out everything.  Good luck.




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