What rights do I have if an employer rejects my resignation?

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What rights do I have if an employer rejects my resignation?

I resigned last week and my employer rejected my resignation. What can I do?

Asked on September 12, 2011 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Texas is an at-will employment state... which means that you can give your resignation whether your employer likes it or not.  They may not accept or appreciate the reasons in your resignatation, but a resignation is still effective to terminate an employment agreement.  Stay the period of time identified in your resignation notice, and then quit going to this job.  If you are tendering a written resignation for a specific reason (like to show future employers that you gave a two week notice), you may want to mail a copy via certified mail or have an HR person witness and sign for delivery of the notice.  You don't mention if there is some type of employment contract involved.  These tend to be less common in Texas because it is an at-will employment state.  However, if you are trying to give a written resignation in order to comply with a contractual provision, you should probably have an employment law attorney review the contract for any specialized, written resignation requirments so that you do not forfeit any of your rights under the contract.


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