My employee submitted her resignation, but now she wants to withdraw it. Do we have to let her?
The Fair Employment and Housing Act (FEHA) is silent on the question of whether refusing to let an employee rescind a resignation is an adverse employment action for purposes of discrimination claims.
However, as a California court recently explained, a resignation is an offer made by an employee to an employer. Until the employer accepts the offer of resignation, the employee can withdraw it. However, once the employer accepts the offer, the employee loses the ability to withdraw the resignation. At that point, it is up to the employer to decide whether to allow the rescission or to ignore it, and the employer is under no obligation to allow
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