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

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  • 03-22-2019, 07:23 PM
    JasonCA
    What to Put Into a Job Resignation Letter to Legally Protect Yourself
    My question involves labor and employment law for the state of: California

    I'm considering resigning from a job in anticipation of new possible life changes and other career opportunities that are available to me. What are the do's and don'ts?

    In researching what should be put into a resignation letter, I'm a bit conflicted about what should be written in the resignation letter in terms of why I have decided to resign in the first place? In speaking with other people when asking this very question in looking for suggestions or input, some say I should simply be honest about why I have decided to leave which includes both the good and the bad because that's honest thing to say and do.

    However, in further looking into what should be said as for my cause of leaving, some suggest I completely omit any negativity from the resignation letter altogether. The reasoning is that at the point in time the resignation letter is given to the employer, it's simply too late as an employee at that point in time to make any further positive changes within the company and where there is clearly no point in sharing anything negative as to why I have decided to leave.

    Also, it's been suggested that I should be as positive as possible in the resignation letter for the purpose of possible future considerations in maybe returning to the same job if things do change in future months or years within the company or within my life. In other words, they suggest that there should be nothing in written form that is negative towards the employer as that will be apart of my permanent job record and history with the company and may be used against me if I did.

    Looking at it from that perspective, I could certainly see that if I say much of anything negative as I go out the door on record within a resignation letter or even in oral form that it very well may only work against me in future years. In the event that they pull my resignation letter in the future, they could use it against me upon considering future employment if what they find in it is negative in anyway towards them or the company. For example, if I returned after 2 years to consider a job opening, they may pull my resignation letter and see all the negative things I said about them as to why I decided to leave and decide then and there not re-hire me simply based on that past knowledge.

    It further raises the question: if i'm not completely honest about why I'm leaving the company, which includes good or bad, then what does a person say after the resignation letter is given when asked in person? It's one thing to give a written resignation letter, but it's another thing to fulfill an additional 2 weeks of continued working thereafter the resignation letter has been given in adhering to the 2 week notice rule of thumb.

    Certainly, at least I can imagine, I'm going to be peppered with a million questions as to why I've decided to leave? Upon my desire for termination of employment through providing the job resignation letter, I assume that I should thereafter remain completely positive and not bother saying anything negative? And, in the 2 weeks that follow after the resignation letter is given, I should continue to remain positive and not say or hint at anything negative as to why I'm leaving the company when directly asked orally by others when I finally walk out the door?

    In being honest, I am currently in good standing with the company. They enjoy having me there and see me continuing to work there in future years as they have admitted to me. However, after being in the company so many years, I'd like to take my life in a different direction and pursue other opportunities available to me. Knowing their view of me and how things are within, I do believe it will be quite a shock that I'm leaving as I have been highly relied upon in past years.

    But then again, there are some negative things too that give me enough reason to push for some change, much of which I have been vocal about in the past and given hints about. And, much of which my colleges have been vocal about in the past on my behalf too. Personally, without saying a word further, I think they could conjecture on their own as to why I decided to pull the trigger in leaving among themselves. In fact, I think my colleges will have plenty to say as to why I have decided to leave once they finally discover I have now decided to leave. Knowing this, gives me further reasons that I should just remain positive and let them make up their own stories as to why I am leaving? Is this the proper thing to do? I don't know. Some would say, "Your damned if you do and damned if you don't" :wallbang:.

    However, I'm still not sure how I can pull off leaving the company and not saying anything negative especially when asked orally perhaps by many others within the company? I think I'll have to grin and bite my tongue though.

    I'm trying to also curb my own expectations of how I should handle the situation when that times comes and I find myself in the middle of the chaos when I do finally give my 2 week notice through my job resignation letter? It could very well end up as 2 weeks of chaos and I need to anticipate such events if possible in advance so I keep my peace and calm within me. :confused:

    Any suggestions, recommendations, or thoughts on this? Maybe even some good links for reading further to give me things to ponder about?
  • 03-22-2019, 07:26 PM
    cbg
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    Dear (Manager):

    This letter constitutes my resignation from ABC Company effective April 8, 2019.

    Signed,

    (Name)

    That's all you need.

    If, in conversation, you are unable to politely avoid giving a reason, you say, "I'm pursuing another opportunity". Whether or not to add "with DEF Company" is your choice.
  • 03-22-2019, 07:38 PM
    llworking
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    Quote:

    Quoting cbg
    View Post
    Dear (Manager):

    This letter constitutes my resignation from ABC Company effective April 8, 2019.

    Signed,

    (Name)

    That's all you need.

    If, in conversation, you are unable to politely avoid giving a reason, you say, "I'm pursuing another opportunity". Whether or not to add "with DEF Company" is your choice.

    Or, in lieu of "I'm pursuing another opportunity", you could just say "family reasons".
  • 03-22-2019, 07:43 PM
    cbg
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    ^^^Yep, that works too.
  • 03-23-2019, 09:48 AM
    chyvan
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    There's always the chance your new opportunity isn't going to work out, sometimes gets delayed or rescinded, and sometimes giving two-weeks notice gets you escorted out the door. I think that letters of resignation should always be written with protecting your rights to UI, and not having your budget destroyed when you get shorted out of the time you thought you'd be working.

    I never like the "family reason" excuse if you have a better one. In CA, leaving a job for "family reasons" can be good cause if you do it right, but then it raises able and available issues so you usually end up collecting nothing.
  • 03-23-2019, 11:48 AM
    PayrolGuy
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    One would have to actually come up with a real, not disqualifying "family reason" for it to help with UI.
  • 03-23-2019, 02:43 PM
    comment/ator
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    While I understand your desire to find a new direction in life, and leave this job, unless you are really well off and just work for personal satisfaction, I suggest you do a whole lot of testing the waters related to finding something else to do before you resign from a job. You say "possible life changes and new career opportunities" in a way that, sorry, after over thirty years in the employment field, scares me. If you are thinking of moving on or moving away because of a relationship, or going into business with someone, or leaving the job to stay home and let someone else support you, anything like a move of this sort, please be very careful. And do not say anything negative or critical of the business if you do decide to take this step without a net ready to fall into. There's really nothing to be accomplished at all by saying anything lengthy or negative. I like cbg's suggestion, and she's got some really high powered experience with resigners.
    My spouse worked many years in HR and he likes that whole no reason given best of all.

    What it comes down to is that no one cares, no one wants to hear what you have to say, and it never works to your advantage to leave any kind of negative impression with a former employer.

    My friend worked for a company where one of the most important players, been there for years, got a much better opportunity, went in to discuss it with his boss the company owner. And owner pulled out all the stops to keep him, matched and raised the new salary, gave all the perks, etc. Persuaded the guy to stay on. Just long enough to make sure this opportunity was not still around. And then one day some time later, just because he could, he called the guy in and fired him.

    Do not even expect them to be civil to you when you announce that you're leaving, okay? They're going to be mad at you. I don't care what wonderful folks they've been before. The only interest is self interest, and you're messing with them. You KNOW they do not have to let you work out a leave or notice, don't you? You do understand that regardless of all your careful planning, the minute they find out you're resigning, they may perfectly legally walk you right out of the building that day, it's not considered a firing, and you do not get to schedule your departure and/or final paycheck date.

    I have been watching employers for many years. This whole resignation idea, after all these years, sounds scary. Make sure you research it and have a back up plan.
  • 03-23-2019, 03:03 PM
    chyvan
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    Quote:

    Quoting comment/ator
    View Post
    they may perfectly legally walk you right out of the building that day, it's not considered a firing, and you do not get to schedule your departure and/or final paycheck date.

    In CA, this is firing provided the employer doesn't let the employee work their notice period, and causes them a monetary loss.

    https://www.edd.ca.gov/UIBDG/Volunta...oEffectiveTime

    "When the employer separates a claimant prior to the effective date of a previously announced voluntary leaving, the separation becomes a discharge if the claimant suffers a wage loss."
  • 03-23-2019, 03:19 PM
    cbg
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    And when his maximum of 26 weeks of a maximum benefit of no more than $450 (and maybe not even that much) is up, he'd better have a new job already or he's toast.
  • 03-23-2019, 08:23 PM
    Guybrush
    Re: Job Resignation Letter Advisement (the Do's and Don'ts)
    Quote:

    Quoting chyvan
    View Post
    In CA, this is firing provided the employer doesn't let the employee work their notice period, and causes them a monetary loss.

    https://www.edd.ca.gov/UIBDG/Volunta...oEffectiveTime

    "When the employer separates a claimant prior to the effective date of a previously announced voluntary leaving, the separation becomes a discharge if the claimant suffers a wage loss."

    In many states and not just California. This has been fought in several courtrooms across the country, almost always finding in favor of the employee resigning. In companies choose not to keep an employee after they turn in their resignation, the best recourse is to dismiss them and pay their salary until the date listed in the resignation letter.
  • 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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