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  1. #1
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    Sep 2013
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    Default Can Your Employer Require a Letter of Resignation

    I am seeking advice for someone in TX.

    A relative of mine had been planning on leaving his job because they pay was inadequate but didn't quit until he had a new job lined up. Now that he has a new job lined up, he wrote his two-weeks notice but quit on the spot due to certain circumstances and walked out. The employer emailed him the next day demanding they sign a letter of resignation. I know that signing a letter of resignation will disqualify him of receiving unemployment benefits in case the new job doesn't work out. So what should he do?

  2. #2
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    Apr 2009
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    Default Re: A Relative Quit and the Ex-Boss Wants a Letter of Resignation

    It's entirely up to him. He quit - they don't need a letter of resignation to argue against UI.

  3. #3
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    Oklahoma
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    Default Re: A Relative Quit and the Ex-Boss Wants a Letter of Resignation

    Although the letter of resignation bolsters the case for the employer that the person quit, not having the letter doesn't defeat the employers case. The person quit and must show reasonable cause for doing so otherwise he won't be eligible for UI anyway, with or without a letter of resignation.

  4. #4
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    Default Re: A Relative Quit and the Ex-Boss Wants a Letter of Resignation

    It just seems shady because he has worked many other jobs before in the same industry and has quit a few before and no one has ever wanted a letter of resignation. He probably couldn't receive UI because of a previous claim that he is being made to pay back (a company claimed they paid him and they didn't, this is currently being appealed). I just don't want him to be screwed out of benefits in case the new job doesn't work out.

    If they do decide to sign a letter of resignation, what should be explained for reasonable cause? The fact of the matter is that he wasn't making enough money and in this industry the companies are required to make up the difference to minimum wage which this company has failed to do.

  5. #5
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    Sep 2010
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    Oklahoma
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    Default Re: A Relative Quit and the Ex-Boss Wants a Letter of Resignation

    Violations of federal labor laws is a reasonable reason. However, he is going to be required to show some sort of proof, not just his claims that he wasn't being paid enough.

  6. #6
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    Massachusetts
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    Default Re: A Relative Quit and the Ex-Boss Wants a Letter of Resignation

    The whole question is moot. If the new job doesn't work out, whether he does or does not receive UI benefits will depend on how he loses the new job, NOT this job. And even if OK has some kind of weird law that does take that job into consideration, HE QUIT. Whether he quit verbally or in writing is not going to change that.

    He doesn't have to explain diddly in the resignation letter. "Dear Mr. Employer, I quit effective xx/xx/2013. Signed, Tigersquash's Relative" is all that is needed.

    As for what he tells the UI office IF the new job ends AND the UI office asks him about the old job, he tells the truth. Whatever that truth is.

  7. #7
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    Default Re: A Relative Quit and the Ex-Boss Wants a Letter of Resignation

    Quote Quoting cbg
    View Post
    The whole question is moot. If the new job doesn't work out, whether he does or does not receive UI benefits will depend on how he loses the new job, NOT this job. And even if OK has some kind of weird law that does take that job into consideration, HE QUIT. Whether he quit verbally or in writing is not going to change that.

    He doesn't have to explain diddly in the resignation letter. "Dear Mr. Employer, I quit effective xx/xx/2013. Signed, Tigersquash's Relative" is all that is needed.

    As for what he tells the UI office IF the new job ends AND the UI office asks him about the old job, he tells the truth. Whatever that truth is.
    Do you think he should write and sign a letter at all then? Because you're right, it is moot, I'm just hoping he won't inadvertently get screwed over by this company.

  8. #8
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    Massachusetts
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    Default Re: A Relative Quit and the Ex-Boss Wants a Letter of Resignation

    I personally don't see the harm in it, nor do I see any potential for the employer "screwing him over".

    First, he's got a new job. As I read the OK website, if he works at the new job for 15 days or more, how he left the old employer is no longer a factor, only how he leaves the new employer. So whether he did or did not sign a letter of resignation is going to be irrelevant.

    Second, if he does lose the new job after less than 15 days, as has been said as nauseum - HE QUIT. Whether he quit in writing or verbally, he still quit. The reasons he quit may or may not make a difference, but it's not as if he's signing a letter to say he quit when he didn't. He did. Whether he quit verbally or in writing does not make it any more or less of a quit. He's only acknowledging in writing what he's already done.

    But unless he is lucky enough to stay at this new job until he retires, sooner or later he's going to need a reference from the old employer. And there's an old saying about burning bridges.

  9. #9
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    Mar 2012
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    Default Re: A Relative Quit and the Ex-Boss Wants a Letter of Resignation

    This is a really good question.

    When you quit a job for unemployment purposes, the burden is on you to prove if you have a "good cause" reason, and a letter of resignation can be an important piece of evidence as it relates to the why-you-quit question. (In my board of review appeal, my letter of resignation was used twice to refute that I quit because of a reduction in hours (disqualifying), but rather because I lost my full-time benefits (qualifying).)

    From this table http://workforcesecurity.doleta.gov/...onmonetary.pdf on page 5-12, TX requires "6 weeks of work or wages equal to 6 x WBA." In the event that your friend doesn't purge the disqualification with earnings/weeks of work from the new job, then the reason for leaving the 2nd to last job becomes relevant.

    You an try later if it becomes necessary, but the employer is going to maybe have a different version that makes your reason seem like it's not "good cause." By writing the letter of resignation, and including your reason (not being paid minimum wage) and any steps you took to get the employer to pay minimum wage, that will go a long way. It shows the reason at the time of the event and not that you came up with it after the fact, what you did to try to fix it, and that the employer knew about the problem, and did nothing, and let you walk.

  10. #10
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    Jun 2006
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    Massachusetts
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    Default Re: A Relative Quit and the Ex-Boss Wants a Letter of Resignation

    Excellent point by chyvan, and I don't say that often or lightly.

    Also, good catch on the state - I somehow missed that the poster's state is different from the friend's state.

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