If I filed a grievance and my employer gave me work plan to come back but now I am resigning, can they do anything?

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If I filed a grievance and my employer gave me work plan to come back but now I am resigning, can they do anything?

I was suspended for 1 week because I didn’t renew my professional license. Was never told by employer I had to maintain the license. Filed grievance and they gave me a work plan to abide by I begin following next week. License will be reinstated just a waiting game basically I just didn’t renew it. Found a better position and after I got work plan in writing, I gave them my resignation letter and notice effective next month. They called today saying I could go on ahead and leave if I wanted. I told them no I needed to be paid for my remaining time. Can they do anything?

Asked on July 12, 2012 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) They can take your resignation as effective immediately--the law does not require employers to honor an employee's provision of notice. Therefore, they do not have to pay you for the balance of your time.

2) If they expended out of pocket costs based on your grievance (e.g. if they paid for your license renewal, test, or training, if applicable), there are some situations where if you immediately decided to depart, they might be able to be seek reimbursement of the money they spent.


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