my brother was falsely accused of something in his work and in the heat of the moment said that he would resign. I have since told him this was maybe a bit hasty but I am wondering if his employer could hold this resignation as fully binding. He works in education and has currently been suspended on full pay but if he resigns he will forgo his holiday pay over the summer - this is why I think he should not have resigned as maybe they would have offered to pay this in order for him to go quietly rather than causing the fuss of an investigation in to what he allegedly did.
2006-07-03 12:17:24 · 15 answers · asked by sacked from job 1 in Business & Finance ➔ Careers & Employment
I'm in education and I they can't take that as official. They can ask him for his letter and try to pursue his statement, but it needs to be in writing.
2006-07-03 12:22:27 · answer #1 · answered by ? 4 · 0⤊ 0⤋
One thing for sure, the lease IS NOT binding on your parents if they were the sureties (I'm guessing you are in NYC, where it is the norm of a guarantor to be required if you can show a huge bank account). Some things to consider is that you are not just starting out this lease obviously. You're already there and dealing with renewal. So it's more likely than not that you ARE bound, as the landlord has ostensibly already performed it's obligations, making you the only party to be charged... anyway, the landlord can always just sign the copy you sent... that is enough evidence that he intended to be bound, and even though you were probably entitled to a copy with his signature, since you've been living there for a while, your time to demand cure of the issue may have lapsed, and I don't think you have a strong claim that the lease was invalid because it was unenforceable (unsigned) against the landlord. He can always say he sent you the copy signed by him, and you never told him it was received. As a practical matter, however, if your parents aren't sureties (make sure they are not sureties under another document that would have automatically extended to this lease), the landlord may not bother to sue you. I'd certainly go into a termination with some sabre rattling that the contract is totally unenforceable, and certainly unenforceable against your parents. Tell him if he won't agree to let you out of the lease, you'll take possession, not pay a dime, and let him twist in the wind in housing court for a few months of lost revenue, all just to get you out because you don't have a dime of assets he can get and he's not getting your parents assets. Hel'll see the benefits of letting you walk away then. However still get a written release and waiver from him when her returns your deposit...
2016-03-27 02:50:52 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, the employer can hold a verbal resignation against your brother. A resignation is a resignation. Now, whether they will accept his request to rescind the resignation is another story. He can call up HR and ask if he can rescind the resignation as he did so in the heat of the moment and has reconsidered it after having some time to think about it. I know we accepted a few verbal resignations (from employees that we did not want to work for the former employer of mine) and did not allow them to be rescinded later on. But the circumstances were different than what you are describing. He needs to call his H.R. rep. and talk to them.
2006-07-03 12:23:30 · answer #3 · answered by hr4me 7 · 0⤊ 0⤋
It sounds like he needs legal advice immediately. Verbal agreements are legal, but whether a court would accept that or not, is another matter. Depends also on whether he will be under oath in a court of law, and compelled to tell the truth.
2006-07-03 12:27:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It all depends on the accusation,and if the board of education becomes involved, if they do, then more than likely he could loose his license to teach in the state of the ordeal, I would say sometimes the best is to bow out of a situation like that, evidently they where planning on dismissing him soon, so count your blessing and get another job while he can even if he isn't guilty.
2006-07-03 12:27:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Depending on the state he lives in, it may not matter. In Texas, for example, the employer or employee can terminate employment with or without notice without any reason. He could take it back, but then they could say, well we don't need you anymore. If he was falsely accused of something, he should take that to HR or to the state's labor board.
2006-07-03 12:21:16 · answer #6 · answered by Blunt Honesty 7 · 0⤊ 0⤋
Yes verbal contracts are legally binding in a court of law. But if nobody else heard them then it is his word against the other guys. If anyone else was present then the best he can do is beg and plead.
2006-07-03 12:26:57 · answer #7 · answered by Bob 1 · 0⤊ 0⤋
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2016-06-04 23:23:16 · answer #8 · answered by ? 2 · 0⤊ 0⤋
So long as you have a signed contract, Deny it, but the guy may be able to sack him depending on whether or not there is a probationary period on the contract
2006-07-03 12:26:06 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Employment law varies a lot state by state.
What is common in states with a lot of unions is not common in non-unionized states.
Lets hope he lives in Michigan or New York. lol
2006-07-03 12:23:01 · answer #10 · answered by god1oak 5 · 0⤊ 0⤋