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Refusing to allow an employee to withdraw a letter of resignation
Matter of Pishotti v New York State Thruway Authority, 38 A.D.3d 1122

James Pishotti, a construction equipment operator, had been placed on disciplinary probation by the Thruway Authority for violations of its policy against violence in the workplace. He was subject to immediate termination in the event he violated the terms of his disciplinary probation.

Pishotti was involved in a incident of workplace violence, Having violated his disciplinary probation, he submitted his written resignation to the Thruway?s Director of Personnel rather than face ?immediate termination.?

About 10 days later, Pishotti attempted to withdraw his resignation. His request was rejected by the Director of Personnel and Pishoti sued, claiming that the Director?s refusal to permit him to rescind or withdraw his resignation was arbitrary and capricious.

Supreme Court dismissed Pishotti?s petition, deciding that the Director?s refusal to agree to permit Pishotti to withdraw his resignation was neither arbitrary nor capricious. The Appellate Division affirmed the Supreme Court?s ruling.

The Appellate Division noted that Pishotti had delivered his resignation to the Director, who had been properly delegated with the authority to ?appoint and effect probationary terminations ?.? The court said that the Director?s ?Acceptance of a resignation in lieu of disciplinary removal is a logical extension of that delegated authority.? *

As to Pishotti?s claim that the Director?s refusal to allow him to withdraw his letter of resignation constituted an abuse of discretion or was an arbitrary and capricious act, the Appellate Divisions said the question of permitting an individual to withdraw of a letter of resignation ?is a decision to be made by the appointing authority in the exercise of sound discretion.?

As Pishotti had admitted violating the Thruway?s workplace anti-violence policy and of violating his one-year disciplinary probation by committing another act of violence at the workplace, the Appellate Division held that under such circumstances, the Director?s ?refusal to allow withdrawal of the resignation does not constitute an abuse of discretion nor amount to an arbitrary and capricious act.?

* Approval or acceptance of an officer?s or an employee?s resignation is not required for the resignation to take effect. All that is required for a resignation to become operative is its delivery to the appointing authority or to the appointing authority?s representative. At most, all that an appointing authority might wish to do is to ?acknowledge the receipt? of the officer?s or the employee?s resignation.

4 NYCRR 5.3(b) provides, in pertinent part, that ?If no effective date is specified in a resignation, it shall take effect upon delivery to or filing in the office of the appointing authority. If an effective date is specified in a resignation, it shall take effect on such specified date.? 4 NYCRR 5.3(c) provides that ?A resignation may not be withdrawn, cancelled or amended after it is delivered to the appointing authority, without the consent of the appointing authority.?

For the full text of the decision, go to:
http://www.nycourts.gov/reporter/3dseries/2007/2007_02459.htm

Full post as published by New York Public Personnel Law on September 17, 2009 (boomark / email).