Legal Issues

Public service workers like emergency medical responders and firefighters, are frequently hired under a contract of employment.  While provisions are basically general in terms, sometimes there are specific areas that are more emphasized than others.  There are items of interest surrounding an employees employment with regard to resigning and being discharged.  A process has been implemented in order to protect the reputations of both the place of employment and the employee.  In the public service employment field, is it possible for an employee to propose a resignation and then rescind the resignation citing duress
   
Much depends on the circumstances surrounding an employee resigning.  The particulars of this scenario are unclear, therefore, this interpretation will be written as though the resignation was not called for or foreseen.  In order for an employee to be able to claim undue duress, he or she must be able to prove that there was some form of threat or fear instilled into them by an authority in charge (Varone, 2007).  Since public service employees are retained under contract, in order to void or break the contract the request to do so must also be mutually agreed upon by both the employer and employee.
   
If the worker wishes to rescind the resignation originally entered, then he must follow protocol to void the submitted resignation.  First, a letter must be prepared and served to the employer to withdraw the resignation citing the reasons for duress.  Secondly, it must be shown what each party anticipates receiving if the employee remains on the job.  This establishes the need for the employee.  It must be shown that there is a risk to the business if the employee leaves as well as a financial burden.  Finally, a pre-termination and a post-termination hearing may be held.  The pre-termination hearing would be the most likely place where the employees resignation could be rejected and the employment relationship could remain status quo.