Quit and return: Is it resignation or discharge?

Allen Jr., A. Dale
October 1995
Labor Law Journal;Oct95, Vol. 46 Issue 10, p598
Academic Journal
A relatively common problem faced by employers today is how to deal with an employee who states, in essence, "I quit" and then returns expecting to resume his employment. Of course, the employer has the option of allowing the worker to rescind his resignation and continue with his former job. Often, however, for various reasons, the employer may not wish to honor the employees request to revoke his resignation. If the employee contests this decision by the employer, it then becomes a question as to the status of that employee. A number of factors and constraints need to be considered before a final determination can be made. The paper explores this issue via a review of published arbitration opinions, concluding with a listing of general guidelines that employers and unions can consider as they attempt to work through such disputes. The in-depth analysis of this rather common occurrence will enable parties to cope with such questions in a more sophisticated manner when the need arises.


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