Binding?

[Markiec]

What is the name of your state (only U.S. law)? NY

I am not at-will but was under contract ... so they need cause to remove me.

I told third parties that I intended to leave my job, even said so on social media. Did not submit a resignation letter although I did tell a superior that I had no desire to continue working there and would look for another job ... BUT at no time did I submit a resignation letter to anyone and didn't do anything (like not show up) to give them cause. Employer now saying that I resigned and they are accepting my resignation.

Wrongful termination? I would think that the resignation has to be formal and explicit that *I am leaving* on this date.

 

[eerelations]

Unless your contract clearly spells out a resignation process (for example, "it must be done via a letter" and/or "it must have a specific last day of work" etc.), then "telling a superior that [you] had no desire to continue working there and would look for another job" may well constitute a resignation in the eyes of the courts. The only way to know for sure is to have an attorney who is well-versed in contract law (not employment law) review your contract in its entirety.

 

[PayrollHRGuy]

First, it isn't Wrongful Termination. It may be a breach of your contract but that would depend on the wording of your contract.

Depending on your duties broadcasting to the world that you are leaving the company could easily be considered an action not in the best interest of your employer. Also, since you did it in such a public way, the employer may well have accepted that they were one of the entities you were announcing it to. Unless your contract says otherwise you don't have to say "I'm leaving on 1/1/18". Just saying I'm leaving may be enough.

 

[Markiec]

Unless your contract clearly spells out a resignation process (for example, "it must be done via a letter" and/or "it must have a specific last day of work" etc.), then "telling a superior that [you] had no desire to continue working there and would look for another job" may well constitute a resignation in the eyes of the courts. The only way to know for sure is to have an attorney who is well-versed in contract law (not employment law) review your contract in its entirety.

Thanks for reply. Employer handbook does state that voluntary departure must be submitted in the form of hard copy letter to ownership.

 

[PayrollHRGuy]

Now you are referring to a handbook. What does your contract say about resignation?

 

[HRZ]

AT the very least a handbook requirement that a resignation must be hard copy to ownership sure clouds the position of employer who jumps to accept oral comments , unwise or not, made to supervisor about looking elsewhere constitutes a resignation.

Yes, your contract might provide otherwise .

BUt at best it may be breech of contract ....

SO why does it matter?

 

[cbg]

Not even close to a wrongful term.

 

[Chyvan]

Employer now saying that I resigned and they are accepting my resignation.

NY will pay unemployment benefits from the time of being released until the date you'd have quit anyway (and sometimes longer if you play your cards right). File for UI at a minimum.