Employer’s Refusal to Rescind a Resignation Does Not Amount to Unlawful Retaliation, District Court of New Jersey Holds

The United States District Court for the District of New Jersey recently held that an employer’s refusal to rescind a resignation does not amount to unlawful retaliation under 42 U.S.C. § 1981 (which follows the same standard as under Title VII of the Civil Rights Act). In Jones v. McCormick & Schmick’s Seafood Restaurants, Inc., No. 1:12-cv-4503 (D.N.J. Apr. 28, 2014), the plaintiff attempted to rescind his voluntary resignation and make a complaint of racial discrimination 10 days after his resignation. In dismissing the retaliation claim, the district court held that it is not an adverse employment action to refuse to rescind a resignation “for the simple reason that the employment relationship has ended.”  

Note: This article was also published in the July 17, 2014 issue of the New Jersey eAuthority

 

Topics:  Civil Rights Act, Employer Liability Issues, Resignation, Retaliation, Title VII

Published In: Civil Procedure Updates, Civil Rights Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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