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Do Employers Have The Unquestionable Right To Not Accept The Rescinding (in Writing) Of A Resignation Letter?
Question:
Dear Nancy,
Do employers have the unquestionable right to not accept the rescinding (in writing) of a resignation letter for bogus reasons and when there was zero reports of bad job performance? There was no malice reflected in either letter written by myself. This decision was made by a non-nurse executive director (who is very politically motivated). My supervisor and co-workers were devastated and confused by the ruling and suspect discrimination may be involved here. I am in recovery for substance abuse and am in good standing in the Board of Nursing's Peer Assistance Program. I am nearly out of money because of the difficulty of finding another job and simply cannot afford an attorney right now. I have reported the incident to the civil rights office at our institution who plans to look into it, but that won't help me survive in the mean time.
Larry
Nancy Brent replies:
Dear Larry,
An employer is under no obligation to accept a retraction of a resignation letter from an employee. Because most employees are at-will (serve at the will of the employer), there are few restrictions on the employer's ability to do as it pleases concerning continued employment. A resignation letter, then, must be carefully evaluated before it is tendered to an employer. The restrictions on an employer's conduct concerning hiring, firing, and making other decisions about employment and the terms and conditions of employment include when a decision is based on a discriminatory motive. For example, Title VII prohibits such employment decisions. The Americans With Disabilities Act, another federal law, also prohibits making an employment decision solely on the basis of a disability as defined in the statute. Generally speaking, a recovering employee is covered under the ADA albeit if specific requirements are met. If you think the employer's decision is based on a discriminatory motive, a consultation with a nurse attorney or attorney in your state would be a wise move. The attorney can discuss these two laws, and any others, that might impact upon your employment rights in this situation. The attorney may advise you to consider filing a claim with the Equal Employment Opportunity Commission, if the attorney considers this the best course of action. There is no agency cost to filing a claim with this agency.
Sincerely,
Nancy
Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.