Verbal Termination

hildibra · May 2003

I have an employee that verbally resigned their position. After that person resigned, they now want to come back, but we don't want that person back. Can I use that verbal resignation as a legitimate resignation since we never got a written resignation from the employee? Or, does the state of illinois require a written resignation as the only legitimate way to resign? Our company does not have a written policy that states that an employee must provide a written statement to resign.

Balloonman · May 2003

Was there a witness to the resignation? We always try to get it in writing, but if it is verbal that does not change anything. I would prefer to have a witness, then I would document it as a memo to file. Tell them you accepted their resignation.
My $0.02 worth.
DJ The Balloonman

hildibra · May 2003

The employee told their supervisor that they were resigning. The supervisor then rearranged responsibilities. Several days later, the employee came back asking for their job back once they realized they didn't want to quick in the first place. We said no because we felt the verbal resignature was letimitate. Since the supervisor didn't want to redo do all they had to do to adjust responsibilities, we decided not to bring that person back.

I wanted to know if what we did was legal since we did not have a written resignation.

Whatever · May 2003

As I understand, the person had already stopped working. In which case, it is very obvious, that the employment terminated and you are under no obligation to take them back. Whenever we get an oral resignation, we immediately send out a letter confirming the conversation and accepting the resignation as of whatever date. It creates the written record.

sonny · May 2003

Ditto to whatever

Rockie · May 2003

I don't know of any law that would make it mandatory to have a written resignation. If the person verbally resigned, the employer accepted the resignation, then I would let it stand if I chose not to have the person return.

mbeam · May 2003

Would agree. What we do is set up an exit interview also upon finding out that someone is leaving.

JKlink · May 2003

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I've dealt with a number of situations like this in IL. "WHATEVER's" advise is what I've always advised. But if a letter was not sent, make sure you are now documenting all the happenings. You may be able to successfully challange an unemployment claim.
It's also a good "lessons learned" training for all the supervisors.

Also, there is not a law in IL that requires a written resignation. Another point, if you have to provide COBRA notice, make sure that the qualifying event date is the date that the verbal was given.

valentine · May 2003

I also agree with whatever. When someone gives us a verbal warning. I also send them a formal letter accepting their resignation on such and such a date. That way I have the effective date and resignation acceptance in writing if ever needed.

Pork · May 2003

HILDABRA: Verbal resignations, or walking off the job, or abandoning his position when there was work to be done, and he was not present should be easy to defend as the reason for your termination action. I would have the written documents/statements of witnesses, as a part of my case submissions. You are new to our forum, so let me give you and everyone an update on our verbal "I'm going to let ya'll go, and here is my request for pay out of my vacation and sick time before I go off to military duty this summer". i am going to take some time off from work before I go overseas! A YEAR LATER AND he is back at work and he and his attorney are WANTING BIG BUCKS AND waiting their time to hit us with a law suite"; the statue of limitations is 6 years so I'm told and I bet just as soon as I'm gone from the scene that is when they will decide to bring it forward.

Bottom Line, we do not accept "verbal terminations of employment" and we will wait the necessary "no call no show" period of three days before we take any action. Additionally, the payroll clerk does not/will not pay out any one with out my personal ok! BE wary of departing employees, exit interviews if at all possible are highly recommended. Pork

Verbal Termination

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