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Employers run into this issue a lot, and they don’t understand why there is a difference.  Our clients will tell us that the employee resigned and it is not until the hearing level where we find out that it was a quit in lieu of a discharge.  The easiest way to answer this question is, if the claimant or former employee had not resigned was continuing work still available?  If the answer is no, it is typically because the employer has informed the claimant that you can quit, or you will be discharged.  Claimants will usually resign because they feel it looks better if they should apply for a job elsewhere.  However, when a claimant quits in lieu of a discharge, the burden of proof falls back on the employer.  The employer now must prove misconduct, and it is treated as a discharge because the employer would not have allowed the claimant to continue working if they hadn’t resigned.  Therefore, we need to follow the same steps we do in a discharge case.   So, we need to focus on what happened in regards to the final incident, do we have proof that it actually occurred, what is your policy, was the claimant aware of the policy, and do you have prior write-ups.  All this documentation MUST be submitted to us at the initial claim level, AND you should make your claims analyst aware that the case is a quit in lieu of a discharge.  Just sending us the resignation letter will NOT work.

These cases can be complicated so you should consult with your Corporate Cost Control team for direction and assistance!


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