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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116808
Experience:  20+ Years of Employment Law Experience
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Morning. I have a question on my employment with the New

Customer Question

Morning. I have a question on my employment with the New York state DOT. I have a whistle blower case which has lead to a disciplinary filing . which has lead to a termination /resignation signing. This was brought on though employer retaliation because of the whistle blower case. can the resignation be rescinded . thanks
Submitted: 9 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Once you resign, you can try to ask the employer to rescind the resignation, but there is no law saying they have to agree to do so. If they refuse, you would have to attack the resignation in court arguing it was coerced by their retaliation and threats of termination and the court would have to determine if the resignation was valid or if it truly was a "constructive termination."

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