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  1. #1
    Join Date
    May 2014
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    211

    Default Re: Job Resignation Letter Advisement (the Do's and Don'ts)

    Quote Quoting chyvan
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    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.

  2. #2
    Join Date
    Jan 2015
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    1,142

    Default 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.

  3. #3
    Join Date
    Mar 2012
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    1,360

    Default Re: Job Resignation Letter Advisement (the Do's and Don'ts)

    Quote Quoting comment/ator
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    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.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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...

  5. #5
    Join Date
    Mar 2012
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    1,360

    Default Re: Job Resignation Letter Advisement (the Do's and Don'ts)

    Quote Quoting cbg
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    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?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  7. #7
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Job Resignation Letter Advisement (the Do's and Don'ts)

    Quote Quoting cbg
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    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.

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