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rescind resignation or be laid off

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jleblanc

Junior Member
What is the name of your state?What is the name of your state? Virginia

Recently at work I tended my resignaton with two weeks notice b/c of various reasons that would make my boss look bad to his Board of Directors. After my resignation I was called in by management and asked to rescind my resignation and my leaving would be classified as a layoff with severance pay. What are the legal ramifications of this offer?
 


JETX

Senior Member
jleblanc said:
Recently at work I tended my resignaton with two weeks notice b/c of various reasons that would make my boss look bad to his Board of Directors. After my resignation I was called in by management and asked to rescind my resignation and my leaving would be classified as a layoff with severance pay. What are the legal ramifications of this offer?
Resignation: Likely not eligible for unemployment, no severance pay.
Layoff: Likely eligible for unemployment, offered severance pay.
 

jleblanc

Junior Member
Let me rephrase

What I mean is can they legally offer to lay you off? Aren't there certain requirements that have to be met for a layoff? They had no performance issues and I have proof that before I offered my resignation they weren't even thinking about laying me off. This was offered as a "bribe" so to speak. Aren't there laws governing this.
 

JETX

Senior Member
jleblanc said:
What I mean is can they legally offer to lay you off?
Yes.

Aren't there certain requirements that have to be met for a layoff?
Unless the layoffs were a large number, sufficient for 'WARN' (Worker Adjustment and Retraining Notification), no.

They had no performance issues and I have proof that before I offered my resignation they weren't even thinking about laying me off. This was offered as a "bribe" so to speak. Aren't there laws governing this.
Nope.
 
Last edited:

Beth3

Senior Member
I don't see any downside to you in accepting their offer. You can accept their offer of severance pay or not, as you wish.
 

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