Dont-be-a-statisticThere are times when an employer can unknowingly create a discharge out of what would’ve been considered a quit.  The two most common situations we see this occur in are 1) accepting an employee resignation immediately upon receipt and 2) not allowing an individual to rescind their resignation notice.

In order to prevent a resignation from being considered a quit when it comes to a possible future unemployment claim, you should allow an individual to work out their notice period or if you do decide to accept the resignation and make it effective immediately, you should pay them out for their notice period, as long as the notice period is a reasonable amount of time.  A good rule of thumb is 2 weeks when considering a lengthy notice period.  Should you accept and make a resignation effective immediately without paying the individual out their notice period, then their separation is no longer considered a “Quit” and would be deemed a “Discharge”.  You as an employer would then have to prove deliberate and willful misconduct connected with the work in order to prevail in an unemployment case.

Likewise, if you have an individual who puts in their resignation and then shortly after and within their notice period, decides they no longer want to resign your employment and asks to rescind said notice of resignation; if you have not already taken the necessary means to fill/replace that individual’s position, you should allow them to do so to prevent their resignation from being considered a discharge.

 


Contact CCC to see how we can save your organization time and money.
Contact our Sales Team
(800) 207-6926

Featured Videos

View All Videos

Latest News

Close

Sales

    Your Name:*

    Title:

    Company Name:*

    Company Address:

    Company City:

    Company State:

    Company Zip:

    Number of Employees:

    Your Email:*

    Phone Number:*

    Fax Number:

    Check the boxes below if you wish to receive information on any of the following:

    Unemployment Cost ControlTax Credits & Incentives (WOTC)Employment / Wage Verification

    Your Message:

    Employment & Income Verfication

      Your Name:*

      Title:

      Company Name:*

      Company Address:

      Company City:

      Company State:

      Company Zip:

      Number of Employees:

      Your Email:*

      Phone Number:*

      Fax Number:

      Your Message: