holding that (1) public employee may rescind or withdraw tender of resignation prior to effective date, so long as public employer has not formally accepted such tender and (2) acceptance occurs where public employer initiates some type of affirmative action, preferably in writing, that clearly indicates to employee that tender of resignation is accepted
How later courts described this case
- holding that (1) public employee may rescind or withdraw tender of resignation prior to effective date, so long as public employer has not formally accepted such tender and (2) acceptance occurs where public employer initiates some type of affirmative action, preferably in writing, that clearly indicates to employee that tender of resignation is accepted
Written by the judges who cited it.
Distinguished
Distinguished by Pownall v. City of Perrysburg, 63 F. App'x 819 (2003)
Davis is also distinguishable because it considers the withdrawal of a prospective resignation before its effective date.
The opinion
Holmes, J.,
dissenting. I have no specific objection to the law pronounced by the majority in its syllabus; it is only to its application to the facts here that I object. As noted by Justice Wright in his dissent, the facts presented here clearly show that the public employer initiated an affirmative action which was obviously known to this public employee, i.e., that the tender of resignation of the public employee had been accepted by the public employer.