Question: One of my employees sent me an email resigning from their job, and then later told me they wanted to take it back. Can I refuse and let the employee go because they already resigned?
Answer: An employer does not necessarily need to accept the employee’s request to withdraw their resignation. However, several factors should be considered before making a decision, particularly in light of the expenses associated with recruiting and training new staff. It is prudent to talk to the employee about their reason(s) for submitting their resignation.
For example, the employee may state that they submitted their resignation because they were having to relocate across the country due to their spouse’s job transfer, or military transfer, but the transfer later fell through. In that instance, the employer may be more inclined to retain the employee because the reason the employee resigned was based on outside circumstances.
During such discussions, the employee may disclose that the reason for submitting the resignation was because of feelings about the employee’s job duties or conditions in the workplace. The employee may be resigning because of dissatisfaction with their compensation, feeling unchallenged in their job position, certain aspects of the job position, or questioning the role of their job within the company. By having this discussion, the employer can evaluate whether it wishes to salvage the employment relationship by making adjustments to address the employee’s concerns. Some optional adjustments include revising job duties, adjusting workflow, or revising compensation. The employee may also disclose potential discriminatory, harassing, or hostile work environment behavior in the workplace. In that case, the employer will likely need to initiate an investigation into the allegations, and it may also be prudent to allow the employee to rescind the resignation and remain employed while the investigation is conducted, and any inappropriate conduct is remedied.
If the employer cannot, or does not want to, make any such adjustments, or otherwise explore the possibility of salvaging the employment relationship, then the employer can accept the employee’s resignation and decline the employee’s request to rescind the resignation. Even if the employer decides to accept the resignation, having a discussion with the employee may still provide some insight into ways the employer could improve employee retention in the future.
For purposes of unemployment benefit eligibility, attempting to rescind a voluntary resignation does not change the nature of the separation. According to the Employment Development Department, “A clear and unequivocal resignation causes the employee to become the moving party to the separation. The employer has the right to accept such resignation at face value and take the normal actions to replace the resigning worker. The employer is under no obligation to accept the proffered withdrawal of the resignation. The unilateral action of the claimant in attempting to rescind her resignation does not make the employer the moving party to the separation and does not convert a voluntary leaving into a discharge.”
Finally, employers should be careful, and consult with counsel, in those situations where the employee rescinds their resignation, but the employer has already extended a job offer for that same position to another individual. Such a situation could create a risk of liability if the employer decides to retain the employee and withdraws the job offer to the applicant.