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If an employee resigns to avoid disciplinary action, can an employer reject the employee's resignation?

Discuss Labor Laws

If an employee resigns to avoid disciplinary action, can an employer reject the employee's resignation?

Postby rushford79 » Wed Dec 21, 2011 10:17 pm

If a public employee (in PA) is in the process of being served an Intent to Dismiss, does the employee have the right to resign to avoid being fired? Does the employer have the right to reject the employee's resignation?

Worker was disciplined on several occassions for falsifying legal documents and other serious issues.

Would the decision by the employer to reject the resignation hold in an appeal/labor management law? Specifically, when can an employer reject an employees resignation?
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If an employee resigns to avoid disciplinary action, can an employer reject the employee's resignation?

Postby bardoul » Wed Dec 21, 2011 10:22 pm

If a public employee (in PA) is in the process of being served an Intent to Dismiss, does the employee have the right to resign to avoid being fired? Does the employer have the right to reject the employee's resignation?

Worker was disciplined on several occassions for falsifying legal documents and other serious issues.

Would the decision by the employer to reject the resignation hold in an appeal/labor management law? Specifically, when can an employer reject an employees resignation?
You can't force someone to work who doesn't want to, so rejecting a resignation does nothing to solve your problem.
If this person falsified legal documents, criminal law can help to punish this person if it is applicable; if it is not, then basically it will just take time to fix what this employee did to harm the business.
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If an employee resigns to avoid disciplinary action, can an employer reject the employee's resignation?

Postby said99 » Wed Dec 21, 2011 10:34 pm

Falsifying legal documents is a felony, this person should be facing criminal charges and consider themselves extremely lucky if they aren't. And a supervisor cannot force anyone to work, whether they accept the resignation or not the person can quit without being formally fired, just don't show up.
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If an employee resigns to avoid disciplinary action, can an employer reject the employee's resignation?

Postby montrel68 » Wed Dec 21, 2011 10:35 pm

The guy can quit anytime he wants to, but if this involves falsifying legal documents, he can still be brought up on charges! The company can't KEEP him there against his will though, no matter what he has done. If they can prove all this, he can run but he can't hide from the Law!
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If an employee resigns to avoid disciplinary action, can an employer reject the employee's resignation?

Postby otis » Wed Dec 21, 2011 10:44 pm

President Nixon quit... before he would be fired.
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If an employee resigns to avoid disciplinary action, can an employer reject the employee's resignation?

Postby barclay76 » Wed Dec 21, 2011 10:49 pm

they can reject it at any time..... lots of people think they can skirt the law by resigining.... but hey tough.... face the music... this guy needs to be repremanded for what he did....
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