If the employee does not put the resignation in writing, it’s advisable for the employer to accept the resignation immediately and in writing to acknowledge and confirm that the employer is acting on the wishes of the employee. An employer that would not allow an employee who voluntarily quit her job to rescind her resignation could not be sued for disability discrimination under California's Fair Employment and Housing Act (FEHA), the California Court of Appeal ruled. The court noted that, in 2005, the California Supreme Court defined an adverse employment action generally as one that "materially affects the terms, conditions, or privileges of employment." Featherstone took medical leave and returned to work Dec. 16, without any work restrictions. Professional Pointer: The employee in this case never reapplied for her prior position. When an employee attempts to “rescind a resignation,” the employer is not required to accept said rescission. She has advised employers on matters such as employment law, wrongful termination, discrimination, sexual harassment and wage and hour issues. Ct. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. Successfully interpret and apply California employment law to your organization’s people practices. Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred and executive members. Please confirm that you want to proceed with deleting bookmark. In other words, “[u]b California law, an employee has a right to rescind a resignation unilaterally (like any contract offer) only prior to its acceptance.” ( Ulrich v. City and County of San Francisco (9th Cir. The appellate court affirmed the dismissal. Please purchase a SHRM membership before saving bookmarks. Employer’s Refusal to Allow Employee to Rescind Resignation Does Not Violate Calif. Anti-Bias Law, Virtual California HR: Applying CA Law to Employment Practices, Know Your Data Security Obligations Under California’s New Privacy Law, Workers’ Comp Was Exclusive Remedy for Claims Based on Lead Exposure, Gig-Worker Model Upends Employee Classification Debate. When an employee attempts to “rescind a resignation,” the employer is not required to accept said rescission. Apply for the SHRM-CP or SHRM-SCP exam today! "Under California law, an employee has a right to rescind a resignation unilaterally (like any contract offer) only prior to its acceptance," the court said. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. An issue can come up when a resignation is verbal, and then the employee rescinds it. Members may download one copy of our sample forms and templates for your personal use within your organization. To prove intentional disability bias under FEHA, an employee must show that: Featherstone could not prove that she experienced an adverse employment action, the court said. Find news & resources on specialized workplace topics. Refusing Employee’s Attempt to Rescind Resignation Was Not Actionable. $('.container-footer').first().hide(); Options to Consider When Employee Rescinds a Resignation, CalChamber Seeks Changes to Regulations on New Parent Leave, Ban-the-Box Laws, One-Size-Fits-All Approach to Independent Contractors Ignores Value to Economy, How to Pay Employee Who Hasn’t Completed Tax Withholding Forms, Timelines for Presenting Final Paycheck, Handling Unclaimed Wages, COVID-19 Prevention Program Emergency Regulation Adopted, List of New California Labor Laws: Some in Effect Now, Others Coming on January 1. At no point after she quit did Featherstone reapply for her prior position with SCPMG. }. What are our options? But the court concluded that, "refusing to accept rescission of a resignation is not an adverse employment action for the simple reason that the employment relationship has ended.". Starting the search usually helps with the employee contending that he/she did not put the resignation in writing and establishes that the employer relied on notice from the employee. Joanne Deschenaux, J.D., is a freelance writer in Annapolis, Md. [SHRM members-only HR Q&A: What is the California FEHA and what does it cover?]. Indeed, if this is a less-than-stellar employee, the employer may be happy to have the individual resign. Today, he indicated he wants to stay after all, but we want him to continue with his resignation. Our employee gave notice yesterday that he is quitting effective two weeks from now. When paying an employee his/her final paycheck, be it resignation or termination, do not mail that check unless the employee directs you to do so in writing. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { CalChamber Poll Shows Voters Want Sensible Policies, No New Taxes, California Foundation for Commerce and Education, Voters Reject Largest Tax Hike in California History, Voters Serious about Addressing Pandemic Consequences. Please log in as a SHRM member before saving bookmarks. Buckle Up Folks: It’s Gonna Be a Bumpy Ride – California Legislature 2021 Tentative Schedule. Please log in as a SHRM member. $("span.current-site").html("SHRM China "); By Sander van der Heide on April 28, 2017. Join hundreds of workplace leaders in Washington, D.C. and virtually March 22-24, 2021. var currentUrl = window.location.href.toLowerCase(); Not sure where to start your learning journey? For purposes of her lawsuit, the court assumed that the employee suffered from a temporary disability but ruled that the company's conduct did not constitute an adverse employment action, which was necessary for the FEHA claim to go forward. SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. App., No. He or she is otherwise qualified to do the job. She also has conducted seminars and training and guided employers through various levels of governmental investigations. On Dec. 31, Featherstone told SCPMG's HR department that at the time of her resignation she was taking medication containing codeine for a cough and the medication "caused her to do abnormal things." The employee claimed that she resigned while suffering from an altered mental state, which she said was a side effect of medication she was taking. Your session has expired. } The trial court dismissed the claim before trial, and Featherstone appealed. Featherstone v. Southern California Permanente Medical Group, Cal. Get It in Writing. In reaching its decision, the appeals court stressed that Featherstone's resignation was voluntary—she did not allege that SCPMG coerced or otherwise improperly pressured her to resign. Lack of adverse employment action prevents disability discrimination action from going forward. Another scenario that occurs around resignations is when an employee gives a lengthy resignation notice, and the employer prefers to cut ties immediately. Dana Leisinger joined the CalChamber in 2000 and currently serves as an HR adviser. The employer was motivated by discriminatory intent. If an employee provides 30 days’ notice and the employer decides today is the last day, the resignation becomes a termination and the individual is eligible for unemployment benefits. Indeed, the employer should start a search for a new employee to show that the employer has acted on the resignation notice. For this reason, it is best to have employees put their resignation in writing. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. $("span.current-site").html("SHRM MENA "); $(document).ready(function () { Alternatively, if an employee gives notice and the employer decides today is the last day, but the employer pays the person through the notice period, then the resignation stays a resignation. Ruth Featherstone began working for Southern California Permanente Medical Group (SCPMG) in 2009. Featherstone said that "God had told [her] to do something else.". On Dec. 24—one day after she resigned—Featherstone was hospitalized for 72 hours. You have successfully saved this page as a bookmark. View key toolkits, policies, research and more on HR topics that matter to you. Join/Renew Now and let SHRM help you work smarter. Definition of 'Adverse Employment Action'. "Under California law, an employee has a right to rescind a resignation unilaterally (like any contract offer) only prior to its acceptance," the court said. In what appears to be an issue previously undecided under the California Fair Employment and Housing Act (“FEHA”), the Second District Court of Appeals in California held that an employer’s refusal to allow an at-will employee to rescind her resignation is not … Applicants now have the option to test from home. CTRL + SPACE for auto-complete. Even an email is sufficient to prove the resignation happened, in the event the employee contends he/she never really resigned. You may be trying to access this site from a secured browser on the server. B275225 (April 19, 2017). var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Need help with a specific HR issue like coronavirus or FLSA? Throughout her employment with SCPMG, Featherstone suffered from chronic sinusitis, and, in October 2013, her doctor told her that she needed to have surgery to remove a sinus tumor. (Yanowitz v. L'Oreal USA Inc., 36 Cal.4th 1028). Prior to her resignation, her supervisor was not aware that Featherstone was suffering from an altered mental state. On Dec. 23, Featherstone called her supervisor and told her that she was resigning from her employment with SCPMG effective immediately. Featherstone sued SCPMG, claiming disability discrimination in violation of FEHA. Write CSS OR LESS and hit save. , policies, research and more on HR topics that matter to you Q & a What! But we want him to continue with his resignation, 2014, SCPMG her... 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