Is this company must be sued?

Question

A friend of mine has been working in this company for 7 years. Although dynamic companies have ups and downs, this company has been down for a while and on the verge of being bankrupt. I know of this because I was a former employee there and has been dismissed illegally. However, for the last 3 years, our old company is having trouble financially and backwage arrears (like government-mandated raise) have not been paid. Salary pay is delayed for like 3 payroll periods. Now, my friend and former co-worker found a new better-paying job. Since she plays a key position in the company (not a manager though) she tendered her resignation and having a big heart, she gave a 30-day grace period. Now the Human Resources would not accept it. Can she sue them?

It's because of the recommendation of the "mistress" (screwing our President) playing VP, said that resignation should be approved and consentual by both parties, employees and higher management. It should not be considered "accepted" even though she gave notice, unless otherwise approved by her or the president. Now, her new job is in jeopardy. What has to be done to take care of this matter?

Answer 1

HR laws vary greatly from state to state - have them contact your local labor board.

Answer 2

You can leave any employment (with certain exceptions like the military) and normally only give 2 weeks notice. You cannot be told that your resignation will not be accepted as that is your choice, not the company's but, you may have signed an agreement not to work for the company's competitors for a certain period of time - that could be what is at play here as well. Consulting a labor attorney, especially if there are any agreements in force, would be a good move.

Answer 3

A resignation is not a contract to be accepted or denied. The day your friend wrote down is her last day, period.

Answer 4

They don't have to accept a resignation, you just have to give it.