What Does the Law Say about Resignation

Thus, an employee can legally terminate at will with a phone call or other message to the employer. Unless otherwise specified in a written contract, an employee is not required to provide a reason or “reason” for dismissal. A hostess who works at a restaurant in Anaheim, California, could resign 24 hours before her next shift. A biomechanical engineer in Irvine, California, might take a step back in the middle of his shift because the temperature in the office is too low. Just as employers consider the effects of firing employees without notice or pay, employees should consider the effects of dismissal without notice. When a future employer learns of the incident, they may not see the full picture that difficult management entails – they will simply assume that you are the kind of employee who resigns without notice. In well-connected areas and industries, such a misstep could have a lasting impact on your reputation. There is confusion among HR professionals and in-house lawyers as to the validity and effect of an employee`s notice of termination, which is just before the period agreed in the employment contract. This raises the question of whether an employer can refuse an employee`s dismissal letter for any reason, including ongoing investigations or disciplinary proceedings against the employee, or insufficient notice period or other reasons for the employee`s non-compliance with employment contracts. In practice, many employers take the power to reject an employee`s resignation letter in their #HR policies or in the employee`s manual without seeking legal advice on the appropriateness of this power.

If the employer immediately terminates the employment relationship, the dismissal of the employee would be considered an involuntary separation from the company. This may entitle the employee to unemployment insurance benefits that he or she would not otherwise have been entitled to. An accepted termination is not provided for by law. An employee must declare that he has resigned, and in fact, case law has shown that any dismissal of an employee must be clear and unambiguous. Thus, if an employee becomes AWOL, an employer must follow its disciplinary procedure, which can ultimately result in the dismissal of the employee in his absence. The above statement was an obiter dictum (a casual remark) that does not require compliance or status with a binding court decision. The National Labour Court refused to apply the above reasoning in Adetoro v. Access Bank Plc (2016 decision by the Honourable Justice B.B). Kanyip by the National Labour Court), where the employee`s dismissal was twice rejected by the employer for insufficiency and on the grounds that an investigation was ongoing into the imbalance between the ATMs and the employee. The plaintiff`s argument is that the defendant incorrectly inferred from his tip and that, because his two dismissal letters were rejected by the defendant, he remained an employee of the defendant until March 20, 2012, when his tip was paid to him. The National Labour Court upheld the argument that the deductions were illegal, but rejected the argument that the plaintiff was an employee after the presentation of his voluntary dismissal, despite the fact that the dismissal letters were rejected by the employer.

The court ruled that after the date of dismissal, the employee could no longer sue for wages and other benefits because he was no longer in the service of the defendant. The Court relied on Adefemi v. Abegunde [2004] 15 NWLR (Pt. 895) 1 CA and Yesufu v. Gov. Edo State [2001] 13 NWLR (Pt. 731) 517 SC, concluding that a notice of resignation from an appointment becomes effective and valid as soon as it is received by the person or authority to whom it is addressed. But I must stress the magnitude of the impact of the legal prohibition on the rejection of a dismissal letter by an employer.

Refusal of dismissal is an illegal act on which the employer cannot rely to bring a claim against the employee, since this would amount to approval and rejection and thus make the employer a beneficiary of his own unlawful act. In fact, in OSHC v. In the Shittu case, he said, “How does my legal medical drug test affect my employment and employment opportunities? It is important to understand your rights, whether your employment relationship ends with a termination of employment or a termination of employment. If you believe you have been unfairly fired or retaliated against by your employer, contact experienced Orange County labor attorney Yashdeep “Jesse” Singh for a free consultation. To be unlawful, the dismissal must be motivated by an unlawful motive or a violation of public order. For example, an employer who fires an employee because she is Hispanic or disabled. Dismissal based on an employee`s race, ethnicity, colour, national origin or disability is “illegal policy”. Protecting workers from discrimination in the workplace is a fundamental public policy of the federal and state governments. It is also a fundamental public policy to protect employees who complain about illegal company activities or protest against participation in illegal activities. Getting fired from a job can be terrifying.

Quitting smoking can be just as scary. In this article, I discuss frequently asked questions about an employee or employer who terminates the employment relationship without notice or reason. If there is no contract between an employer and an employee, the employer does not need a “reason” to dismiss the employee, just as the employee does not need a “reason” to leave their job. Unlimited employment offers both parties the opportunity to terminate employment if it becomes unsustainable. In the law, the implication of “resignation with immediate effect” varies depending on whether the reason for leaving a company is #resignation or #retirement. Termination with immediate effect gives the employee the right to leave the employment relationship immediately and automatically, without any benefit and provided that the employee pays his unpaid debt (if any) to the employer. Please note that the fact that the employer owes an outstanding debt does not give the employer the right to insist that the employee continue to work for him. It simply gives the employer the right to assert its contractual right to recover the amount due. However, retirement does not appear to confer such a right to immediate and automatic withdrawal from service on a retired worker […].