I QUIT IS NOT ENOUGH

There is no legal obligation on a departing employee to provide notice of their resignation. However, as a rule of thumb its practical and courteous to provide some type of notice. Particularly, if you are planning on using your former employer as a reference or on your resume.

RESIGNATION SHOULD BE CLEAR AND UNEQUIVOCAL

The resignation should be clear and unequivocal. Courts have stated that resignations given in the heat of the moment may not be satisfactory.

Also, simply saying the words I quit may not be upheld as a valid resignation.

Employers should be mindful of the following factors[1] that courts have considered in a wrongful resignation case:

• The circumstances surrounding it
• Was it expressed unambiguously
• Was the resignation put into writing
• Was it accepted verbally or in writing
• Did the employee try to retract the resignation
• Are there special circumstances that suggest employee under emotional duress
• Has the employer already acted in reliance on the resignation

EXIT INTERVIEWS

Employers should consider exit interviews as a formality for when an employee resigns. This will strengthen an employers legal position in the event the employee decides to challenge their resignation.

[1] This information was reproduced from the Employment Law text book by Filsinger Chapter 12