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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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Mr Allen, So she is not required to find a replacement for

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Mr Allen,
So she is not required to find a replacement for my position in order to change my resignation date? Can I rescind the letter and submit at a later date. I gave two months due to working in a hospital setting with schedules being posted a month in advance.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

No, there is no law requiring that she have your replacement before changing your end date. There may be some internal company policy against letting you go before they have a replacement, there is absolutely no law to that effect.

You also can't rescind a resignation letter. Once the employer receives it, they can accept it and act on it, which she apparently has done.

Again, I wish I could tell you differently here. This is something every employee should know, so they can act accordingly when deciding how much notice to give, but so few employees know this. It's simply not fair, but this is something that is well-settled law. Courts have considered it, sided with employers and until some states pass statutes changing the rule, this is how things operate.
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