Legal Blog

Is Termination Lawful After Resignation?

Q:    We have a long-term custodian at our organization who tendered his resignation a few months ago indicating his last day of work would be December 31st.  Since tendering his resignation, his performance has significantly declined, he’s been uttering allegations of discrimination, and the Board of Directors wants to terminate him.  Is there anything we can do? A:    Maryland is an at-will state, meaning that either the employer or the employee can terminate their relationship at any time.  Assuming there is no employment contract that requires an interim action be taken, I see no legal reason why your organization cannot accept the custodian’s resignation and make it effective sooner than December 31st.  As a good-will gesture and to further protect the organization, the Board of Directors may want to consider offering him a severance package along with a general release of his claims.

 

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