Dismiss without prejudice--the case has been set aside, but the plaintiff MAY open another suit on the same claim (a do over). Prejudice under Franklin Rule 33 to warrant a new trial.I am currently teaching in Virginia but would like to move out of state. In my county, they have the "resign with prejudice" rule. Therefore, this case will be dismissed without prejudice. Background. If an employee resigns, then rescinds the request, the employer has a choice: Do they want the worker to stay or go? The term "voluntary separation" as used in the statute means leaving employment of one's own free will. It is with real personal regret that I accept your resignation as Secretary of War.