Can my employment resignation letter be withdrawn?
If you resign from your job but then regret it, do you have options? Can you withdraw a resignation? Unfortunately the power is in the hands of your employer in this case.
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Jul 12, 2023
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UPDATED: Jul 12, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Unfortunately, a resignation letter (or, for that matter, resigning or quitting orally, or face-to-face) cannot be withdrawn or taken back unless the employer voluntarily chooses to let you do so. Otherwise, once you resigned, you resigned.
In our lives, there will be many words we cannot take back once they are uttered: saying “I do” at the altar, signing a contract that does not have an early termination clause, pleading guilty in court to some motor vehicle offense…once you do or say these things, you are bound by what you declared. There may be some way down the road to avoid the consequences (e.g., filing an appeal; filing for divorce) but those things tend not to be easy, inexpensive, and/or certain, and do not free you from the immediate consequences of your statement or declaration.
It is the same with resigning from your job. Can my employment resignation letter be withdrawn? While you may be able to avoid the consequences by re-applying for the position or asking your employer to give you a second chance, that’s not the same thing as being able to take back or withdraw the resignation. Keeping your job depends on the free choice of your employer. While they could voluntarily choose to tear up the resignation letter, they do not have to. The resignation is binding when you make it.
Can my employment resignation letter be withdrawn?
Can you withdraw a resignation? Remember: employment in this country is “employment at will.” While we usually focus on the employer-side of the equation–that is, on the fact that the employer can terminate an employee at any time, for any reason, without prior warning or notice–there is an employee side to the equation, too. Employees are not forced or compelled to work, but rather can quit or resign at any time, for any reason, without prior notice. The employee’s ability to quit at any time means that when he or she does quit, the resignation is effective immediately. Even though it is customary to give “two week’s notice,” notice is not mandated or required by the law; it is only custom. So when the employee says “I quit,” he or she has quit–the employee has stated that he or she is ending his or her employment and he or she does not have the legal right or opportunity to take it back.
You can always ask the employer to ignore or tear up your resignation, and the employer has the right to do that. But while they have the right, they do not have the obligation. It is 100% voluntary on their part whether to allow you to withdraw your resignation. So by all means ask–but do not count on being able to take back your resignation.
Of course, due to “employment at will,” the employer didn’t have to wait for you to resign. If they weren’t happy with you, they could have terminated you at any time (unless you had a written contract preventing them from doing so). But though your job was not secure even if you had not resigned, there is an important difference between resigning and being terminated. An employee who is terminated, so long as it is not “for cause” (for some wrongdoing, like chronic lateness or excessive absences, violating company policy or ignoring manager instructions, theft or other criminal acts at work, etc.), is eligible for unemployment benefits after being fired. Also, an employer can submit a withdrawal of termination letter. But if you resign or quit, you can’t get unemployment. A voluntary separation from employment makes you ineligible. Therefore, even if you are unhappy at work, or just had a big row with your manager, think twice–maybe three times–before resigning, since once you do, you cannot take it back and you will not be able to get unemployment benefits. You may be better off in many cases, if there is a problem at work, letting your employer terminate you.
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Case Studies: Withdrawal of Employment Resignation Letters
Case Study 1: John’s Regret
John, an employee at a software company, submitted his resignation letter due to personal reasons. However, after some time, he realized that he regretted his decision. John approached his employer and expressed his desire to withdraw his resignation.
Unfortunately, his employer informed him that once the resignation was submitted, it became binding, and they were not obligated to allow him to withdraw it.
Case Study 2: Sarah’s Second Chance
Sarah, a marketing professional, had a disagreement with her supervisor that led to her resigning from her position. Later, she reconsidered her decision and approached her employer, requesting the withdrawal of her resignation. Fortunately, Sarah’s employer recognized her value and agreed to give her a second chance by tearing up her resignation letter.
Case Study 3: Mark’s Dilemma
Mark, a sales representative, had been contemplating leaving his job for some time. One day, he decided to quit and handed in his resignation letter to his employer. However, shortly after, Mark realized that he had acted impulsively and wanted to take back his resignation.
He approached his employer, but they informed him that they would not allow him to withdraw his resignation. Mark had to accept the consequences of his decision.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.