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Can my employer prevent me from resigning?

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1 Can my employer prevent me from resigning? on Sat Jan 03, 2015 9:29 am

abyssinian


Arresto Menor
Hello, I'm in a bit of a bind, and could really use some advice.

I've had this job for about three months. My status is probationary, and I'm meant to become permanent after six months. I've tried to resign a couple times, now; on the second time my employer returned my resignation letter, so I felt obliged to continue working there.

However, things have come to a point where I really mean to stand firm on my resignation. I've given notice to my employer, and mean to serve the one month's notice period stipulated somewhere in my contract. (My contract comes in the form of a "letter offering me employment, along with about three pages of legalese ~ I have a copy of the letter, which I signed, but not the pages of legalese, which I remember has the one month stipulated there, somewhere). (The legalese contains things like non-compete and confidentiality things, which I don't mean to transgress anyway.)

In any case, my employer refuses to let me go, and has said that they will not approve of my resignation. Elsewhere on the net, I have read that "No, you’re not obligated to continue working for them. It doesn’t matter if they “accept” your resignation or not; all you have to say is “X will be my last day” and then stick to it."

Is this true? Am I obliged to continue working for my employer if they do not give their approval of my resignation?

I mean to do the right thing, which is why I am going in to work for the duration of the one month's notice, although I must say I feel I am bullied into continuing to work for my employer, and that I am being forced to work my employer against my will.

Thank you so much for your time, and hoping for some pertinent advice.

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karl rove


Reclusion Perpetua
I've had this job for about three months. My status is probationary, and I'm meant to become permanent after six months. I've tried to resign a couple times, now; on the second time my employer returned my resignation letter, so I felt obliged to continue working there.

However, things have come to a point where I really mean to stand firm on my resignation. I've given notice to my employer, and mean to serve the one month's notice period stipulated somewhere in my contract. (My contract comes in the form of a "letter offering me employment, along with about three pages of legalese ~ I have a copy of the letter, which I signed, but not the pages of legalese, which I remember has the one month stipulated there, somewhere). (The legalese contains things like non-compete and confidentiality things, which I don't mean to transgress anyway.)

In any case, my employer refuses to let me go, and has said that they will not approve of my resignation. Elsewhere on the net, I have read that "No, you’re not obligated to continue working for them. It doesn’t matter if they “accept” your resignation or not; all you have to say is “X will be my last day” and then stick to it."

Is this true? Am I obliged to continue working for my employer if they do not give their approval of my resignation?

I mean to do the right thing, which is why I am going in to work for the duration of the one month's notice, although I must say I feel I am bullied into continuing to work for my employer, and that I am being forced to work my employer against my will.

Thank you so much for your time, and hoping for some pertinent advice.

REPLY:

No employer can force any person to render work, otherwise, it would violate the constitutional guarantee against involuntary servitude. Now, you alleged that you signed a contract that defines your relationship with your employer over a period of time, the nature of your employment and the status of your employment. Having signed the employment contract, the same becomes the law between you and the employer (that's basic).

Now, you want to resign. Resignation under the law, is a form of severing your employment ties with your employer. It is a VOLUNTARY ACT! Meaning, no person could impose resignation (for it becomes, involuntary). Considering that I am not privy to your contract with your employer, I cannot have enough basis for me to tell, that, despite , your resignation (and it was not accepted) you are still required to render a month's work? If the contract says, you have to served a month notice prior to resignation, then you must comply. Again, coming from you, your contract is full of legalese, reason why I cannot second guess.

I could just venture to say, that after you serving prior notice of impending resignation and you fulfill the one month service for work, the expiration of the one-month period, leaves you free from the clutches of the employer, whether or not your resignation was accepted.

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3 Re: Can my employer prevent me from resigning? on Sat Jan 03, 2015 11:48 pm

abyssinian


Arresto Menor
Thank you so, so much ~ I very, very much appreciate your quick reply, and your taking the time to go through everything I wrote and to reply in detail. You can't imagine how much this has been weighing on my mind (throughout the holidays!), so your reply really means a lot.

Since my employer refuses to accept my resignation, I mean to file my resignation letter with our HR department, and to come in to work for that one month they're asking for. And then stop coming in once the one month is up. After that, if my employer comes after me telling me to come in to work because my resignation wasn't accepted, then, I guess I'll just have to tell them I'm not obliged to.

"Clutches" was a great word to use, by the way; up until now I was thinking along the lines of "tentacles" (wrapped around my throat). If there should ever be a next time, I mean to follow my gut and not accept a job if it doesn't feel right from the get go. Thank you so much, again, Mr Karl!

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