Set Aside Resignation

Legal Authority

Government Code section 19996.1 and Rules 599.825-599.826.

DPA Rule

An employee may file a petition to set aside his/her resignation from State service.

Notice Required By Appointing Power

The decision to resign is the employee's, not the employer's.

Note: Rule 599.825 provides that an employee may resign by submitting a "written resignation" to his/her appointing power. An employer who accepts and processes a verbal resignation runs the risk of being unable to produce evidence of the actual resignation and the date of its occurrence.

Time Limits

Thirty days after tender of resignation or the last date of service to the State, whichever is later. No 30-day extension may be granted because the language of the statute is mandatory. See also, Bidwell v. State of California (1985) 164 Cal.App.3d 213 (210 Cal.Rptr. 381).

Type of Hearing

Full evidentiary hearing. The proposed decision of the ALJ is accepted or rejected by DPA.

Issues

Whether resignation was given or obtained by mistake, fraud, duress, undue influence, or was otherwise not free and voluntary. The employee bears the burden of proof that the resignation should be set aside.

If resignation was improperly obtained, reinstatement will be ordered and back pay and benefits awarded. After the first six months, the amounts the employee earned or reasonably could have earned will also be deducted.

Contract Variations

None.

Updated October 31, 2007 at 11:45 AM.