To resign from a position, the employee must freely give and voluntarily provide an offer of resignation (for example, through a letter), with an exact termination date.
Until the employer has accepted that offer, the resignation is not finalized and has not terminated the employment relationship.
Only under the right circumstances, the employee may revoke his or her offer of resignation.
Where there is an argument of abandonment of an employee’s position, the Courts require that it would be reasonably understood from the employee’s words or actions that he or she abandoned the contract of employment.
What notice is required for a resignation?
An employee is required to give their employer proper notice of resignation to terminate their employment. This is done to allow the employer to find a suitable replacement.
Facts that will be taken into consideration to determine reasonable notice include the responsibilities of the position, length of service, salary, and time to either find a replacement or to adapt to its loss. Failure on the employee’s part to provide reasonable notice may allow the employer to bring an action for damages.
How can Zeilikman Law help?
Each individual’s case is specific to their own circumstances of their current position. Where you have questions or concerns regarding your offer of termination or revocation of an offer, contact one of our experienced employment lawyers today to discuss your options.
At Zeilikman Law, we approach these issues with logical and creative solutions. Our lawyers are, professional, friendly, and determined. We have the know-how to navigate through the psychology of any given dispute.
Request a consultation today.