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Is a resignation letter a separate contract from an employment at will contract?

New York, NY |

if i want to sue for breach of a resignation letter contract lets say, this is its own contract and not part of the at will employment contract right?

Attorney Answers 4


  1. The first issue is whether the resignation letter is in fact a contract. In order for it to be a contract, there has to be an "offer" an "acceptance" by "competent persons" who exchange "consideration" to create mutual obligations. If it is in fact a contract, then it would be enforceable separate and apart from at will employment.

    In my experience resignation letters are not actual contracts. It is common though for a contract to be entered into at the end of a job, and it is more commonly referred to as a waiver. The employee waives any right to sue the employer, and the employer agrees to pay the employee a certain amount, and/or to extend benefits for a certain period. Waivers can have various other components too.

    I suggest that you re-post another question with more detail describing the "Resignation letter" so that we can better advise you. Alternatively, you can attorney an attorney. I offer free consultations as do many of my colleagues. Good luck.

    Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.


  2. I agree with my colleague. I think you should elaborate on the facts here so we have more info to go on.

    When you say the party breached, what do you mean? In what way? Is this some kind of non-compete or non-solicitation issue?

    You may want ot reach out to a lawyer in private to discuss in more detail as well. Most of us here, including myself, offer a free phone consult.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    A New York Firm
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  3. A resignation is a nice way of sayng "I quit" and is not a contract unless your leaving was part of a bargain put in writing. There is not "at will" contract. It is an oxymoron.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  4. Not in my opinion. A contract is a meeting of the minds and a resignation letter is merely a statement.

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