“Can a wife resign her husband out of his job?”

Question: I have been accused of “tendering” my husband’s resignation from his job, even though he did not know anything about it.

Is that possible? 

         Irwin, Idaho

Answer: Shirley, I must admit that this is a question I have never been asked before.

From my perspective as an employment attorney for over 25 years, and as one who deals with these things all the time, my simple answer would be “No.” Your husband is the one with the employment relation with his employer, not you. He can end it; you cannot.

A job is a very personal relation between employer and employee. Just like you can’t show up to do his work one day in his place, you do not have any legal right or authority to end that employment relation.

In rare circumstances, such as a husband being in a coma, or if a husband has lost his ability to speak, I suppose a wife could tender his resignation for him. But that doesn’t sound anything like what you are describing.

While I don’t know how you could have been viewed as having tendered your husband’s resignation, it’s probably more of a misunderstanding than anything else. If your husband wants to get his job back, I suggest he speak directly with his employer’s Human Resources staff, and explain that, well, sometimes spouses do things spouses should not do. I know; I have experience in marriage, as do most employers.

Hope this helps. Good luck. 

           Best, Al Sklover

©  2010 Alan L. Sklover, All Rights Reserved.