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I submitted a resignation to my employer. However, a week…

Hello. I submitted...

Hello. I submitted a resignation to my employer. However, a week later I discussed my concerns with an adminstrator and was instructed by that same administrator to rescind my resignation. I did as the administrator instructed and rescinded my resignation. The senior company administrator sent me an email the same day of my welcoming me back to the team

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Hello. I submitted a resignation to my employer on May 9th. However, a week later I discussed my concerns with an adminstrator. The admistrator specifically asked me if I would be willing to remain with the company during our conversation and I agreed to stay. I was instructed by that same administrator to rescind my resignation. I did as the administrator instructed and rescinded my resignation on May 16th. The company "senior" or top administrator (manager) sent me an email that same day of my welcoming me back to the team. However, I attended a meeting with my supervisor and a lower level administrator on June 1st and was informed that they would not be accepting my resignation rescindment which was two weeks later after the senior administrator (manager) welcomed me back. Would I be able to seek compensation for wrongful termination?

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at the moment.

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Answered in 7 minutes by:
6/2/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,424
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. The first thing to consider is whether the lower level officials in your company have the authority not to accept the rescission of your resignation. If you have not yet done so, you may want to discuss this with the top administrator and the administrator who asked you to stay. It may be that you want to explore - if the company is large enough and this is a possibility - being assigned to a different supervisor. If you did resign, someone in the company told you to essentially take it back, you did, but the company ultimately decides not to accept you back, it would still be difficult successfully to pursue a wrongful termination claim since you originally did resign. The exception would be if your resignation was the result of some sort of extreme hostile work environment or other unbearable condition that essentially forced you to resign. If that was the case, however, you likely would not have (or a judge or jury might believe you would not have) then agreed to take back your resignation when speaking with the first administrator.

So the first issue is whether you are still employed. If higher management welcomed you back, the lower supervisor should not be able to reject that decision. So, checking with the higher ups is worthwhile if not yet done.

If they are going to allow your supervisor to decide you resigned and cannot now come back, you may want to consider if you have any legal claims, but other than the scenario described above, wrongful termination is not likely available.

This does sound like an unfortunate and unusual situation. I hope this information helped. If you need additional assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 2 months ago
Hello. You mentioned "legal claims"?

The legal claims would arise if your original resignation was a decision you made because you were being subjected to some unlawful employment practice such as discrimination or harassment based on your race, gender, age, religion, etc.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,424
Experience: Member at Keefer & Keefer LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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