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  • Writer's pictureAdam C. Nicolai Esq.

EMPLOYMENT MYTH - RESIGNATION


If an employee tells you they quit, there is no reason to get their written resignation.


Fact: It is a best practice to obtain the employee's resignation in writing (in a hard copy or electronic format), even if they already notified you verbally of their resignation. You may need this documentation if the employee ever challenges the reason for their departure (for example, if the employee subsequently seeks unemployment benefits or files a complaint).

If an employee informs you that they are resigning:

  • Ask them to provide a signed resignation letter with an effective date to document that they are leaving voluntarily.

  • Send a written response to the employee, accepting their resignation, confirming their last day, addressing final pay, and thanking them for their service to your organization. Make sure you sign and date it.

  • Keep the resignation letter and a copy of the resignation confirmation letter in the employee's personnel file.

If you can't obtain a resignation letter, document the date and the reasons for the separation and keep that record in the employee's personnel file.


Source: ADP


*** Information contained in this Memo is intended for informational and educational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. It is likely considered advertising. ***

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