No take backs? Jury to decide if refusal to let employee rescind resignation was retaliatory

If an employee asks to rescind a previously submitted resignation, what obligation does an employer have to consider the request? And would rejecting such a request give rise to a retaliation claim? The United States District Court for the Northern District of Mississippi addressed both questions in a recent lawsuit. Let’s take a closer look.

Facts

DeMarcus Bell began working at FEUER Powertrain North America, Inc. as a maintenance technician in April 2019. In September 2019, his supervisor Ken Hittlet made a sexual comment toward him while working. He reported the comment to Claire Kammerer, FEUER's HR director, but heard nothing more about it until December 2019. At that time, Kammerer informed him Hittlet admitted to making the comment and that she had reprimanded him and scheduled an antiharassment training.

On December 5, 2019, Bell submitted a letter of resignation, to be effective December 19. Kammerer then called him on his day off to ask if he was “really leaving,” to which he responded, “It’s always open for discussion.”

On December 11, Bell met with Kammerer and discussed his pay, among other things that may have encouraged him to stay. He considered the decision overnight and told her the next day he wished to rescind his resignation.