General Question

John_Mactavish's avatar

Can an employer reject my letter of resignation?

Asked by John_Mactavish (29points) August 4th, 2008

I have been offered another job and will start next month I will announce my resignation and submit my resignation letter this week. Can my employer tell me I cannot resign?

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7 Answers

gooch's avatar

If he does just say bye. Unless you are under contract in which case he can sue you.

augustlan's avatar

He can beg you not to quit, but without a contract he can’t make you stay.

marinelife's avatar

No, there is no indentured servitude in this country. Employment is at will.

If you have a written employment contract (not common), the employer could enforce terms, maybe, but the courts have viewed non-compete clauses that keep people from a livelihood pretty dimly.

Don’t tell your employer why you are leaving (for another job). Don’t tell people you work with what company you are going to work for until after you are gone and at work at the new place. Should people ask why you are leaving, smile and say, “I need a change.”

Give your employer reasonable notice, but be aware that in some industries, an employee who announces he is leaving may be escorted off premises that day.

Good luck in the new job.

baseballnut's avatar

Great answer Marina.

One thing to add: many companies will refuse notice and instead make that day your last day. Typically if your company does this (for example, walks an employee out when they resign) it’s pretty well known and you can plan accordingly. Some companies pay an employee for the length of their notice, even if they are walked out. Some don’t and it’s generally not required by any state law.

However, if you have an employee handbook with a policy requiring notice, an employer will generally pay the employee through the proscribed notice period even if the employee is walked out.

All this might be beside the point but I wondered whether your question meant something like, “Can an employer refuse to accept my resignation and make me leave that day instead – thereby doing me out of my pay for the period of resignation?” Hence, my answer.

Good luck

ninjaxmarc's avatar

check your employee handbook and make sure you follow procedure.

And as others have stated, hope your not under contract.

flameboi's avatar

Yes he can, but he has to offer something better so you can reconsider it

Loey's avatar

augustian is correct. Employment is at will. Employment contracts that state you have to stay a certain amount of time are in violation of the law/illegal and unforceable. They violate the 13th Amendment of the Constitution. Employers have to let people go when they want to even with a contract.

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