Employer’s Refusal to Rescind a Resignation Does Not Amount to Unlawful Retaliation, District Court of New Jersey Holds

The United States District Court for the District of New Jersey recently held that an employer’s refusal to rescind a resignation does not amount to unlawful retaliation under 42 U.S.C. § 1981 (which follows the same standard as under Title VII of the Civil Rights Act). In Jones v. McCormick & Schmick’s Seafood Restaurants, Inc., No. 1:12-cv-4503 (D.N.J. Apr. 28, 2014), the plaintiff attempted to rescind his voluntary resignation and make a complaint of racial discrimination 10 days after his resignation. In dismissing the retaliation claim, the district court held that it is not an adverse employment action to refuse to rescind a resignation “for the simple reason that the employment relationship has ended.”