Are employers always required to accept letters of resignation?
If not, what happens if resignation is denied? Does the employee who stops coming in get fired, or go on indefinte unpaid leave, or stay on the payroll?
If yes, why do employers send out acceptance letters? Isn’t the employee’s letter legal proof they’ve left?
No one can force you to work for a place if you don’t want to. (at least for 99.99% of jobs) If they could force you it would almost be like slavery.
(Warning: not a lawyer)
In employment-at-will, it’s no big deal. You stop working, they stop paying, everyone goes their separate ways.
In employment-by-contract, the terms of the contract dictate the terms of firing and/or resignation. The pas de deux of resignation letters and acceptances of resignation signify that both sides agree that everyone is living up to that part of the contract, and that the employee’s departure was voluntary.
Are employers always required to accept letters of resignation? Of course not. But, as stated above, no employee is required to return to work after resigning.
If not, what happens if resignation is denied? Does the employee who stops coming in get fired, or go on indefinte unpaid leave, or stay on the payroll?
I once had a resignation refused. It was my employer’s way of telling me that he didn’t want me to go. It was flattering, really. Of course, I left anyway… I had to. I was moving.
The formal letter of resignation simply provides the employee a forum for airing grievences. But, the employer does not have to keep it.
A wise one would, however, since today’s legal climate makes it very difficult to handle any employee’s termination, no matter the circumstances.
Sometimes an employer will ask for one. In that case, he or she is simply covering his/herself. If the employee later claims that they were fired, the employer has a letter of resignation as protection.
Usually when an employer states he “accepts your letter of resignation” or “accepts your resignation” he is basically putting an end to the bargaining process with your dismissal.
For example, you leave your job for another one paying $10,000 a year more. You resign with a letter, giving two weeks notice. During these two weeks, your current employer has the opportunity to attempt to keep you. He may offer you the same or better salary or some other offer. But once you get acceptance of your resignation, you can assume that a offer will not be forthcoming and you will be leaving.
My late father, a known a$$hole, ran a small credit bureau. Once an employee (he said she was a whiner) gave him two weeks notice. He wrote her a check for two weeks’ pay and told her to leave right away. He figured having her stay for two weeks stirring up discontent was worse than having her gone.
AskNott said:
“…an employee (he said she was a whiner) gave him two weeks notice. He wrote her a check for two weeks’ pay and told her to leave right away…”
Not an uncommon practice, particularly in areas of companies with high potential for mischief (like Accounting/Finance, Information Systems, etc.). In my experience, it usually depends on how amicable the resignation is, and the supervisor’s assessment of the balance between a careful transition and the risk of potential misdeeds.