RESCINDED RESIGNATION NOT ACCEPTED

I RESIGNED FROM MY JOB RECENTLY BECAUSE MY SUPERVISOR WAS VERY NASTY TO ME AT A TEAM MEETING. I RESIGNED ON MY MANAGER'S VOICEMAIL (MY MANAGER WASN'T THE ONE THAT WAS NASTY, THE SVP IN CHARGE OF OUR DEPT. WAS THE ONE WHO WAS INAPPROPRIATE TO ME). MY MANAGER DID NOT CALL ME BACK REGARDING RESIGNING ON HER VOICEMAIL. BUT MY MANAGER TOLD THE SVP THAT I RESIGNED.

I DECIDED THAT IT WASN'T IN MY BEST INTEREST TO RESIGN AND CALLED HR THE NEXT MORNING TO FILE A COMPLAINT AGAINST THE SVP INSTEAD. HR SAID MY RESIGNATION WAS ACCEPTED "END OF STORY".

HR NEVER NOTIFIED ME THAT THEY ACCEPTED MY RESIGNATION. THEY HAVEN'T REQUESTED AN EXIT INTERVIEW. IS THIS LEGAL? DO I HAVE ANY RECOURSE. I WANT MY JOB BACK. THE COMPANY IS AOL TIME WARNER/CNN ADSALES.

PLEASE ADVISE

1 answer  |  asked Feb 1, 2002 4:00 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Backing Out on Resignation

First, just for the sake of explanation, let's forget that the senior vice-president said anything nasty. So, the situation is that you resigned, but then changed your mind. Under these circumstances, an employer can refuse to allow you to take back your resignation.

This is because you are an employee at will. The employer could have fired you at any time, for any reason, or no reason at all. Your resigning, and the employer refusing to allow you to take it back amounts to the same thing as terminating you at will.

There is no law requiring an employer to notify of acceptance of a resignation, or to conduct an exit interview, where before or after resignation becomes final.

What I am interested in is just not the nasty comments, but also the nature of the comments and any history of difficulties with this SVP. A boss does not have to be nice, but a boss has to avoid being nasty because of or based on some protected criteria, such as race, gender, national origin, etc. If the nasty comments were based on or motivated by your membership in a protected class, human resources at the very least has a duty to take notice of your complaint.

I would say that, if there was a history of simalar problems with this SVP, particularly if you have complained before, then may be you have a claim. But you certainly made it more difficult by resigning.

posted by David M. Lira  |  Feb 4, 2002 1:28 PM [EST]

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