A discussion of the issue facing civil servants who resign. Frequently, after resignation persons who resign file lawsuit claiming they were forced, coerced or theathened to resign. The law is that an employer can tell an employee that they will be terminated if there are grounds for termination. The offer of resignation in lieu of termination cannot be undone if the termination threat was based on sufficient facts to support a termination.
The law states that a employee MAY be reinstated within one year of resignation. This leaves the decision to the employing agency’s discretion.