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  1. #1
    Join Date
    Mar 2012
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    16

    Default 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" .

    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.

    Any suggestions, recommendations, or thoughts on this? Maybe even some good links for reading further to give me things to ponder about?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  3. #3
    Join Date
    Oct 2006
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    16,474

    Default 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".

  4. #4
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Job Resignation Letter Advisement (the Do's and Don'ts)

    ^^^Yep, that works too.

  5. #5
    Join Date
    Mar 2012
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    1,360

    Default 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.

  6. #6
    Join Date
    Oct 2016
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    4,301

    Default 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.

  7. #7
    Join Date
    Jan 2015
    Posts
    1,142

    Default 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.

  8. #8
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    Mar 2012
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    1,360

    Default 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."

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default 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.

  10. #10
    Join Date
    May 2014
    Posts
    211

    Default 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.

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