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  • Resignation New York

    HI

    I am looking for legal advice. This past Thursday I had extreme confutation with the asst director of my non profit company in NY. I have been trying since May to resolve this silly issue. I then felt my stress get to its highest and I felt I had no choice but to quit. My supervisor and this asst director gave me back my res. letter and gave me the night to really think it over.
    I thought about it and after 5 years I didn’t want to give up I decided to try again to resolve this issue. I did not give back the letter. She does not like me personally and likewise, today I have a fed ex envelope in my door that my resignation is accepted as of oct 26th. Again the only letter was given back to me and HR department has nothing my asst director word that I resigned. Isn’t a law an employee must submit in writing they resign? How can HR dept take the word of the director that I submitted a letter but she can’t find it? Please help
    Last edited by ginaupc; 10-18-2006, 02:51 PM.

  • #2
    No, there is no law requiring an employee to resign in writing. You did quit; they are free to accept that resignation whether you decided to rescind it or not, regardless of whether they have your letter or not.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Did you ever say the words "I quit" when you handed in your letter of resignation?

      Then, even if they handed your letter back to you, you could have your offer of voluntary termination approved.

      Sorry, you quit. You can try to call HR, but if they listen to you it will be out of the goodness of their heart. Most HR departments don't like to overrule managers on these types of things if they can help it.
      Not everything that makes you mad, sad or uncomfortable is legally actionable.

      I am not now nor ever was an attorney.

      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

      Comment


      • #4
        Originally posted by ginaupc View Post
        I am looking for legal advice
        I am no lawyer and what I say is not legal advice.

        Originally posted by ginaupc View Post
        Isnít a law an employee must submit in writing they resign?
        No.


        Originally posted by ginaupc View Post
        How can HR dept take the word of the director that I submitted a letter but she canít find it?
        Well, HR can believe anyone they want to believe. You say you resigned in writing and are trying to rely on the company's inability to find your letter as a way of keeping your job? Good luck!
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

        Comment


        • #5
          I never stated I quit I said I feel no choice but to resign if my requests to resolve these silly issues and make it a less hostile environment are ignored.

          Basically this director feels I am intimidating and it is compared to a sexual harassment case. I emailed her and requested examples so I can work on this. She has ignored me. She contacted hr and said I resign as of Oct 26th. Hr contacted me and stated per the director you signed. I said it was given back to me and the director apologized for making a hostile environment that I felt I had to quit. Hr said that is not what director said.

          Soap opera drama

          Comment


          • #6
            This doesn't change the above answers.

            You basically told the company "Change or I quit". They chose option "B".
            Not everything that makes you mad, sad or uncomfortable is legally actionable.

            I am not now nor ever was an attorney.

            Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

            Comment


            • #7
              Originally posted by ginaupc View Post
              I never stated I quit I said I feel no choice but to resign if my requests to resolve these silly issues and make it a less hostile environment are ignored.

              Basically this director feels I am intimidating and it is compared to a sexual harassment case. I emailed her and requested examples so I can work on this. She has ignored me. She contacted hr and said I resign as of Oct 26th. Hr contacted me and stated per the director you signed. I said it was given back to me and the director apologized for making a hostile environment that I felt I had to quit. Hr said that is not what director said.

              Soap opera drama
              As your director chose not honor your request, she took your statement as resignation. Hostile work environment does not mean that your employment is uncomfortable because your director does not give into your demands. Nor was she under any legal obligation to allow you to work on your issues.

              You quit.
              HOOK 'EM HORNS!!!
              How do you catch a very rare rabbit?
              (unique up on him)
              How do catch an ordinary rabbit?
              (same way)

              Comment


              • #8
                The term, hostile work environment, has a very specific meaning under the law and nothing in your post suggests that the definition has been met.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  I actually tend to think your separation was not a quit, however I still think the employer's actions were not unlawful.

                  A few questions:

                  Did you return to work Friday, 10/13?

                  If so, did you state and/or intimate that you were rescinding your resignation?

                  If you did, then did the employer acknowledge your rescission in any way?


                  Again, it is likely only material for the purposes of filing for unemployment, but at least initially it appears to me that your employer did not initially accept your resignation; you effectively, if not overtly, rescinded your resignation; your employer then accepted a resignation that was no longer intended; you made them aware you no longer wished to resign; the employer is insisting your last day is 10/26.

                  IMHO, there is a strong argument to be made - if my fact pattern is accurate - that you were discharged.

                  Comment

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