Making the choice to leave your current workplace can be difficult, but it's still ultimately your choice. But what happens when your boss refuses to accept your resignation? Don't worry, the law is on your side, and you have every right to leave your position, regardless of what your boss says.
In Virginia, the employer/employee relationship is governed by the at-will employment doctrine. This means that either party may terminate the relationship at any time, with or without cause, and with or without notice.
Resignation is not subject for approval, it's just a mere notice so that your employer will have time to search for your replacement. Last day shall be counted from the moment you submitted your resignation whether there is an acknowledgement or not.
In light of the intent and interpretation of the relevant Section 7 of MEPS and Rule 40 of the Rules, we conclude that the High Court was right in holding that mere noncommunication of acceptance of resignation to the employee would not render the termination invalid.”, the court observed.
Key takeaways: An acceptance of resignation letter, written by the HR or the manager, confirms the acceptance of an employee's termination of contract and is crucial in maintaining professionalism.
§ 8.01-327. Acceptance of service of process. Service of process may be accepted by the person for whom it is intended by signing the proof of service and indicating the jurisdiction and state in which it was accepted.
Supreme Court Ruling: Employee's Resignation Is Not Final Until Acceptance Is Communicated.
An employer cannot reject your resignation. However, you should always follow the right process so that you're not in breach of your contract. You should talk to your employer about how and when other people are told about your resignation. For example, whether it'll be you or your manager who tells them.
Virginia is an employment-at-will state; this means the employer may terminate any employee at any time, for any reason, or for no reason. As a general rule, therefore, the employee has no right to challenge the termination. There are a few very limited exceptions.
How defendant may accept service; waive service. A. A defendant in such suits may accept service of process by signing the proof of service before any officer authorized to administer oaths.