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

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?

New York, NY -

Attorney Answers (4)

Daniel DeMaria

Daniel DeMaria

Contracts / Agreements Lawyer - New York, NY

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.... more
Marco Caviglia

Marco Caviglia

Personal Injury Lawyer - Poughkeepsie, NY

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... more
Frank Anthony Natoli

Frank Anthony Natoli

Contracts / Agreements Lawyer - New York, NY

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,
Natoli-Lapin, LLC
A New York Firm
(see Disclaimer)

The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more
M. Todd Miller

M. Todd Miller

Tax Lawyer - Jefferson City, MO

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

M. Todd Miller
Law Office of Todd Miller, LLC
1305 Southwest Blvd., Ste. A
Jefferson City, Missouri 65109
Phone: (573) 634-2838
Fax: (573) 634-7642

"Personal attention - Professional Results"
* This post and all others made on the internet are for informational purposes only. Nothing posted should be considered legal advice nor should any comments, answers, or other communications be suggested or assumed to create or constitute an attorney-client relationship. Accuracy of this information is sought but not guaranteed.
** the Law Office of Todd Miller, LLC is a general practice law firm.

NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.