TITLE

Quit and return: Is it resignation or discharge?

AUTHOR(S)
Allen Jr., A. Dale
PUB. DATE
October 1995
SOURCE
Labor Law Journal;Oct95, Vol. 46 Issue 10, p598
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
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.
ACCESSION #
9601122293

 

Related Articles

  • Texas.  // Reports of the National Center for Science Education;Jul/Aug2008, Vol. 28 Issue 4, p13 

    The article reports that Chris Comer, former director of science at the Texas Education Agency (TEA) has filed lawsuit against TEA on July 2008 after he was forced to resign over an argument involving intelligent design creationism. Comer maintains that she was terminated for contravening an...

  • New tool when employees defect to competition: bonus forfeiture.  // HR Specialist: Illinois Employment Law;Jul2010, Vol. 4 Issue 7, p6 

    The article focuses on the enforcement of non-compete and forfeiture provisions to employees who leave their companies for a competitor. It notes that on the Viad Corp. v. Houghton case, employers may be able to accomplish the same objective as a non-compete by creating a...

  • Arbitrating employment claims: The state of the law. Miller, Christopher S.; Poe, Brian D. // Labor Law Journal;Apr95, Vol. 46 Issue 4, p195 

    One of the most dynamic and significant areas of employment discrimination law today is the evolution of case law on resolving federal employment discrimination claims through final and binding arbitration. The crush of employment discrimination claims, the increasingly nominal role played by...

  • discussions online….  // Employers Law;Oct2007, p17 

    The article presents questions and answers related to labor laws including employee disciplinary actions, maternity leave laws and resignation during disciplinary process.

  • Decisions...Developments.  // Labor Law Journal;Mar55, Vol. 6 Issue 3, p191 

    The article reports on a case of first impression involving an interpretation of the United States Arbitration Act was decided January 19, 1955, by the United States Court of Appeals for the Second Circuit, Bernhardt versus Polygraphic Co. of America Inc. The dispute began when a New England...

  • CONSTRUCTION -- CONSOLIDATION.  // Arbitration Journal;Dec76, Vol. 31 Issue 4, p278 

    The article focuses on the court decision held in the case Long Branch Sewerage Authority v. Mtrinar Electrical Contractors, Inc., related to the construction consolidation. Where a sewage authority contracted separately with several contractors, each contract containing identical arbitration...

  • NO-FAULT -- NEW YORK -- WORKMEN'S COMPENSATION LIEN.  // Arbitration Journal;Sep78, Vol. 33 Issue 3, p60 

    This section analyzes a court's decision in the labor dispute case Granger v. Urda which was filed in New York in 1978. Under the no-fault law, a workmen's compensation carrier is entitled to a lien against proceeds of a judgment obtained in court against a third party. The Court of Appeals held...

  • Perjury in Deposition Justified Dismissal of Title VII Claims. Flesher, Flyn // HR Magazine;Mar2012, Vol. 57 Issue 3, p92 

    The article reports on the outcome of the court case Brown v. Oil States Skagit Smatco, in which the 5th U.S. Circuit Court of Appeals ruled that plaintiff Nickey Brown's lawsuit against his former employer was rightfully dismissed when it was discovered that he had committed perjury in a...

  • There's gold in your mistakes. Day, Clive // Motor Transport;5/3/2007, p25 

    The article explores several legal employment issues. The code of practice issued by the conciliation service Advisory, Conciliation and Arbitration Service (ACAS) recommends that employers should set a time limit on formal warnings that they give to employees. Commonly employees will be given...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics