Legal Question in Employment Law in Virginia

Withdrawal of resignation -Help to retain job

My friend X just lost his job due to a complex situation- X was working for a fortune 500 co. [A] in Richmond VA. He intervwed with a competitor co.[B], got written offer letter and accepted it! But within a week [B] withdrew the offer over phone, stated they'd re-offer only if X gets a IPPA (''non compete agreement'') waiver from [A]. My friend's IPPA with [A] prohibits working for competitor for 1 yr. In hopes of re-stating offer from [B] my friend approached [A] with request for IPPA waiver and had to submit his Resignation Letter even to initiate the request. He had mentioned his last date would be 6/29. This happened couple of weeks ago. On last Friday X was told verbally his IPPA waiver request has been rejected but his resignation accepted! He was escorted out and was told his termination date is 6/29!! It was a SHOCK since there was a good faith understanding that he would not leave unless he gets IPPA waiver. On following Monday X sent in writing ''resignation withdrawal'' stating that his orignial resignation was contingent upon IPPA waiver and he's withdrawing since IPPA waiver refusal. But [A] told verbally they wont take back. Does X stand chance either with [A]/[B] legally? Thank you for your advice.


Asked on 6/23/07, 1:54 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Withdrawal of resignation -Help to retain job

Your friend was naive not to have anticipated this particular result. And, no, I would say that he's now "parked" himself in a situation between these two employers where he has no remedy with either one.

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Answered on 6/23/07, 6:34 am


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