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What to Put Into a Job Resignation Letter to Legally Protect Yourself

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  • 03-24-2019, 07:33 AM
    comment/ator
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    Isn't this unemployment insurance, if approved in this circumstance, only for the weeks of notice that were given that the claimant was not allowed to work? It's not, I believe, an entire claim you'd qualify up for, and even if you were, it isn't much anyway. It's not a career choice. What this poster is dealing with is a whole career choice, and how to word their resignation from this whole long time job. If it took nothing but this to get unemployment rolling, here'd be a lot of people giving those long notices, and spending their time doing very little during them. Even an employee friendly state like CA doesn't fully qualify quitters quite this easily. And whether it is or isn't, related to unemployment insurance, there is not one single mention in the original question about unemployment insurance. This is just a possibility I mentioned that could happen if the employee gives a lot of formal notice to the company. So why pound this one issue to pieces? If it becomes an issue, they can come back with more questions related to the topic.
  • 03-25-2019, 02:57 PM
    chyvan
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    Quote:

    Quoting comment/ator
    View Post
    Isn't this unemployment insurance, if approved in this circumstance, only for the weeks of notice that were given that the claimant was not allowed to work?

    Not in CA. California refuses to do two adjudications on a separation. They adjudicate at the time of the separation, and won't go forward and say, "since you were going to quit in two weeks, come two weeks in the future, you will be denied benefits for a quit without good cause."

    When claimants know this, and know the employer loves to fire people before their noticed is served, then it's a good way to use as a last ditch effort to get UI when you have nothing else. Surprisingly, a lot of employers don't know this because quits get turned into discharges a fair amount. Not only that, they don't follow CA's pay rule to pay on the day they fire, and then get hit with DLSE wage claims.

    NY is a state that says it only allows UI through the date of the resignation, but there was an internet thread where someone avoided that. He was cautioned to shut up about the resignation, and see what happens, and only focus on that date he was fired. He succeeded.

    The issue isn't about the quit and being walked out. The more likely scenario is that the quitter thinks he's found his dream job, and doesn't make it long enough to purge the earlier quit. Then because he didn't write a correct letter of resignation, then he loses his UI when he desperately needs it. Another is when the claimant quits and the new employer pushes back the start date, or like what happened to someone I know, "I'm sorry Chris. Two people named Chris applied for the job, and I know I called you, but you weren't the right one. I feel really bad about that. I hope everything works out for you." Well, it didn't.

    Don't say you quit to take care of a sick relative with able and available issue it raises when you can quit the job to take a new job that was so good that you'd be an idiot not to take it, and be able to prove it in case things go sour.

    Commentator, it's all right here. You don't have to guess. https://www.edd.ca.gov/UIBDG/ If that doesn't have what you're looking for, then you can look here https://www.cuiab.ca.gov/Board/prece...ions/index.asp CA has a wealth of information for CA quitters to greatly improve their chances of getting UI.
  • 03-25-2019, 06:03 PM
    cbg
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    Odd that when I was an employer with California employees it didn't work like that...
  • 03-25-2019, 08:34 PM
    chyvan
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    Quote:

    Quoting cbg
    View Post
    Odd that when I was an employer with California employees it didn't work like that...

    Then talk about them. How many did you fire immediately after they gave their letters of resignation? Did you pay them that day? How many UI inquiries came in after you did this?
  • 03-26-2019, 06:46 AM
    cbg
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    I can't help laughing at someone who thinks their discovery of Google trumps other people's real life experiences, particularly when they've done for a living what she's trying to do vicariously. I'm not the only employer here who's had experiences counter to your assumptions. I don't have to defend my position to someone who found a hat and thinks that makes her a cowboy.

    Run away, chyvan, and let the grownups talk. No one has any interest in your pretentions of expertise.

    cbg out.
  • 03-26-2019, 09:41 AM
    chyvan
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    Quote:

    Quoting cbg
    View Post
    I'm not the only employer here who's had experiences counter to your assumptions.

    You're the only one that's brought it up.

    If the person you fired didn't have enough wages in the base period, didn't file a claim, or took the first "no" and didn't appeal, could all be reasons that you think this stuff doesn't apply, but it doesn't mean it doesn't work.

    As to "real life experiences," that's why I do this. The stuff you've posted about "drastic" cuts, didn't apply. It only had to be "substantially less favorable." My experience has been that UI workers get things wrong. When you find this stuff, you can get these results. You just have to appeal, and bring the right evidence and tell your story right.
  • 03-26-2019, 10:12 AM
    PayrolGuy
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    chyvan,

    How many appeal hearings were you involved in last year. I was involved in about 40 and at least 150 claims that were never appealed after the claimant lost. This was over about 5 or 6 states and I can tell you that no state gives a rat's butt to what another state has decided.
  • 03-26-2019, 10:37 AM
    chyvan
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    Quote:

    Quoting PayrolGuy
    View Post
    How many appeal hearings were you involved in last year.

    Don't know. I don't keep track.

    Quote:

    Quoting PayrolGuy
    View Post
    I was involved in about 40

    Ok, and of these how many involved interesting things where you just weren't sure how it might turn out because it's never been documented how to handle it because that state hasn't dealt with the issue before?

    Quote:

    Quoting PayrolGuy
    View Post
    and at least 150 claims that were never appealed after the claimant lost.

    These don't much matter because if the claimant doesn't appeal that's on them, and this thread wasn't about what they do in other states when you can't find it documented in your own state. This was about writing a letter of resignation so that if things don't work out at the new job, you can have a better shot at getting UI when you haven't purged the prior disqualification because the reason you quit at the time you quit is properly documented.
  • 03-26-2019, 12:17 PM
    PayrolGuy
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    Quote:

    Quoting chyvan
    View Post
    Don't know. I don't keep track.

    Well you write here like you deal with them all the time. Of course, I don't see how you do that unless you are a lawyer or in HR.

    Quote:


    Ok, and of these how many involved interesting things where you just weren't sure how it might turn out because it's never been documented how to handle it because that state hasn't dealt with the issue before?

    I can't think of a single UI case I've worked in almost two decades that was really unique. Includeing the 2 or 3 that I've worked in that time that ended up going to the state supreme court.

    Quote:


    These don't much matter because if the claimant doesn't appeal that's on them, and this thread wasn't about what they do in other states when you can't find it documented in your own state. This was about writing a letter of resignation so that if things don't work out at the new job, you can have a better shot at getting UI when you haven't purged the prior disqualification because the reason you quit at the time you quit is properly documented.
    And there is certainly nothing unique about someone writing a letter of resignation and being shown the door right away. In most states that is a quit.
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