Ask the Expertemployee-rescinding-verbal-resignation
Chris Ferrari asked 10 months ago

Hello, we have an employee who verbally told his manager that he is pursing a new job and is resigning. Fast forward a few weeks later he has indicated that the offer from the prospective new employer was not to his satisfaction and that he now is planning on staying. In the interim he has told all of his peers that he is leaving and has had a detrimental impact on morale. What are the ramifications now if his employment is terminated?

1 Answers
Glenn Demby Staff answered 10 months ago

Did the employee ever put his resignation in writing? Was it ever accepted? If not, there may be nothing you can do to prevent him from revoking it. On the other hand, you might have what’s called an equitable claim against the employee to the extent you relied on his promise to resign at your detriment, e.g., by hiring a replacement. But this is very tricky stuff and you need to talk to counsel.
If you can’t compel resignation, you can consider termination as an option.But unless you can show there’s just cause, you’ll have to pay termination notice.It’s not apparent to me what the grounds of termination would be. 
The morale stuff is also tricky. Is the employee disliked? If so, is there a reason? Has he engaged in any kind of harassment or abuse? If so, you have a stronger case for termination. Morale doesn’t justify termination for cause. But harassment, bullying, violence and abusive behaviour does. Bottom Line: I think you should talk to a lawyer to get the legal advice I can’t and am not allowed to provide you.