QUESTION

What are my rights as it pertains to withdrawing a resignation?

Asked on Feb 19th, 2018 on Labor and Employment - New York
More details to this question:
My fiancée, a 30 year employee of his company, sent an email to his supervisor indicating that he will likely resign due to the pressure of the newly instituted regulations and requirements from a relatively new owner but made it clear that he would stay until a replacement was found and trained. So, no definitive timeframe was offered. 4 days later, he spoke with the owner of the company, who was on vacation during the time that he sent the email and had just returned. They discussed the issues and it was agreed that he would stay on. Nothing was offered verbally or in writing to the effect that his resignation was received or accepted, however, it has been a month since this conversation took place and recently, the owner asked him how things were going. He said he was working hard at doing everything that was asked of him and would do so as long as he has a job to do there. The owner responded, "Who said I never accepted your resignation?" Can he legally leave it hanging like that?
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
Unless you have a contract, the resignation is meaningless.  You can quit on no notice whenever you want, and you can be fired on no notice whenever the employer wants.  If there is a contract, follow it on notices and write a withdrawal.
Answered on Feb 20th, 2018 at 10:42 AM

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