May 31, 2017
Authored by: Donald Samuels
Although an employee can claim constructive termination, it is always beneficial for an employer to accept, as soon as possible and in writing, an employee’s resignation. By doing so, the employer creates a clear record that an employee was not fired and limits the potential claims which an employee can assert against the employer.
This point was recently illustrated in Featherstone v. Southern California Permanente Medical Group. In that case, the ultimate issue was whether a resignation is an “adverse action” under California’s anti-discrimination law, the Fair Employment and Housing Act. In that case, Ms. Featherstone tendered her resignation on December 23, 2013, and it was immediately accepted. The court recognized that general contract rules apply to resignations and that “a resignation is an offer which may be withdrawn prior to its acceptance.” In that circumstance, however, though Ms. Featherstone subsequently tried to rescind her resignation, the court held that