verbal resignation

karen in nh · September 2005

We have an ee who in July was given a verbal warning for poor job performance, a month later given a written warning and put on probation for poor job performance. She had a scheduled vacation this week, and on Monday called her supervisor to say that she was giving her verbal resignation and did not want to work out a notice. Today, I received a letter from her stating that she wants to rescind her resignation and go out on Medical Leave for a month for depression, (of course, she says, caused by work) which she received a doctor's note for. We can still accept her verbal resignation, right??

LivindonSouth · September 2005

What did the company do between Monday, when she verbally resigned, and today, when she tried to retract? Hopefully a termination document was cut and submitted to payroll. Even if not, there is no requirement that you allow her to retract, no matter what her reason.

TN HR · September 2005

Right on El Don! Cancel Christmas, no such animal as retracting her resignation. What I always do in cases such as these is immediately draft a memo to the ee indicating that we accept her resignation and part ways.

Rockie · September 2005

Would not allow her to retract. When someone resigns without notice like this, we immediately submit a Personnal Action Request (PAR) and process it thru payroll. They are then taken out of our computer system immediately.

Balloonman1 · September 2005

Even if you did not document her termination, I mean you left the paperwork on your desk x;-) it does not change the fact that she resigned.

Just tell her sorry your resignation was accepted.

My $0.02 worth,
THe Balloonman

SMace · September 2005

If it were me I would make a call to my attorney and make sure my ducks are in a row. It sounds to me she is trying to set you up.

Also even if you accept her resignation, you may not be out of the woods for WC. Some states will allow a mental injury. In my state there are certain instances where this can happen. But it has to be the result of an event or events. Such as an EMT witnessing a terrible accident involving children.

Of course it's probably all bull, but we've all heard about stranger things happening.

CindyG · September 2005

I would call our attorney. Because she made a work-related claim, I would also advise our insurance company because in this state when someone loses time due to an injury (in this case, a psychological injury), the employer must respond within 14 days or be held liable until a denial is filed. I would instruct our adjuster to deny the claim based on her voluntary resignation. I would involve our attorney because she could also claim that she resigned due to the work environment. I would want to be proactive rather than reactive.

Whatever · September 2005

I would not let her retract the resignation. Also, I would notify the wc carrier (it is their job to determine if this is a worked incurred illness or even if ee is ill).

hrdir03nafcu · September 2005

The issue that I see here is that her resignation was VERBAL: unless she left her verbal resignation on voicemail, and you saved the voicemail, OR the supervisor was recording the live conversation (which might be a legal issue in itself, depending on circumstances + law in your state?), you don't have any documentation that she did in fact resign.

I agree w/ others: the EE has no right to rescind a valid resignation, and you have no obligation to allow her to do so....but my question would be how solid is the "resignation" in this particular case?

DB · September 2005

"Today, I received a letter from her stating that she wants to rescind her resignation . . ."

The letter received from HER acknowledges that she resigned and now she changed her mind. There's your proof of her verbal resignation. Let the work comp carrier handle the rest.

SMace · September 2005

xclap

2445428 · September 2005

That letter was the best thing she could have sent to you, and the worst thing she could have done for herself. haha! No way she can dispute that she resigned. However, I would still report to my WC carrier and explain the situation to them with a copy of the x employee's letter. Let wc make the decision as to whether or not this is a work related injury.

verbal resignation

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