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RETRACTING MY RESIGNATION

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1 RETRACTING MY RESIGNATION on Sun Oct 27, 2013 12:37 am

oyie22


Arresto Menor
Hi, I just started working for a company last monday October 21st, we were trained for 2 days and we took calls for 3 days until friday Oct. 25. Then before we ended our shift, the director talked to me and another colleague of mine separately. We were told that we are not qualified, that they cant see that we will be able to make it in this line of business because it was a sales account and all that we had were customer service experience. They asked us to resign rather than be terminated. I told them that a 2 day training and 3 days of taking calls is not enough time to decide if we can make it or not, and that the training wasn't even that extensive. But for the heck of it, we wrote our resignation letter, signed it and gave it to them.

But now we found out that the probationary period that was indicated on the agreement that we signed was 3 months. So we should have been given atleast 3 month to work there and be evaluated and then thats the time that they can decide if we will make it or not.

It was our error that we have written the resignation letter. We Don't want to make it easy for them. our Agreement states something similar to this:

1. Employee will serve on probation for 3 months and during the employee's probationary period, the management will observe the employees work and conduct and will be confirmed in service on satisfactory etc.. "And in case of unsatisfactory work and conduct, the emloyee's services will be terminated.

2. Employee's employment shall commence on (date) for a fixed period of 6 mos. provided that either party shall have the right to terminate this agreement with not less than 15 days prior written notice.

3.In lieu to any notice required to be given by (compay), in the event it terminated the agreement, (Company) shall have the right to pay Employee the salary that employee would receive during such notice period in one lump sum, in which event this Agreement will immediately terminate.

To get to the point, we want to retract our resignation, we would like to write another letter stating that we would retract our resignation, probably have it notarized, give it to them on Monday then dare them to terminate us which we don't really care if they did. What we want to happen is to retract the resignation, and they will either let us finish the 3 months probationary period or terminate us but by doing so the company should be liable to pay the lump sum stated on (3)

What do we do in this situation, can they accept the letter that indicated retracting our resignation?

If they do and let them terminate us instead on the spot, do we get any money out this? thanks..

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2 Re: RETRACTING MY RESIGNATION on Sun Oct 27, 2013 3:58 pm

attyLLL


moderator
a resignation letter once accepted cannot be retract without the employer's consent.

you can file a complaint for constructive dismissal, but imo, you will be merely fighting for the 3 month probationary period, not regular employment.


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3 Regarding Employer's acceptance of Resignation on Mon Oct 28, 2013 12:23 pm

oyie22


Arresto Menor
thank you for your response Attorney i have a question in regard to that. If I had submitted my resignation letter is it enough for the Employer or the company to just give verbal acceptance even without signing a documt that states the Employer's acceptance/acknowledgment of my resignation? because after i have given the resignation letter to my boss,i was not even asked to sign anything after that. please respond,thank you.

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4 Re: RETRACTING MY RESIGNATION on Tue Oct 29, 2013 7:47 pm

attyLLL


moderator
there are no formal requirements in accepting a resignation. a verbal acceptance is enough


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