Forced date for resignation

[onedah]

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

I spoke to my boss about another opportunity I have and resigning, however I have a bonus which was due so he told me not to send anything offical via email until he had a chance to work some stuff out.

I hear today that my last day will be tomorrow and they will pay for an extra week, however I have not sent in written notice and my bonus was only 2 weeks away for payment.

HR told me verbal resignation is good enough and written is not needed.

Question: Can a company say verbal is enough - especially as I did not commit and send anything on paper?

Can my company force me a resignation date on me if I have not provided written notice?

 

[LdiJ]

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

I spoke to my boss about another opportunity I have and resigning, however I have a bonus which was due so he told me not to send anything offical via email until he had a chance to work some stuff out.

I hear today that my last day will be tomorrow and they will pay for an extra week, however I have not sent in written notice and my bonus was only 2 weeks away for payment.

HR told me verbal resignation is good enough and written is not needed.

Question: Can a company say verbal is enough - especially as I did not commit and send anything on paper?

Can my company force me a resignation date on me if I have not provided written notice?

Yes, companies do that all the time. Many companies really do not want employees hanging around until their notice period ends...whether they gave that notice verbally or in writing.

 

[PayrollHRGuy]

Yes a verbal resignation is enough.

And yes they can move your last day to any day they like.

How this will affect the bonus depends mainly on the agreement re:the bonus.

 

[Chyvan]

I hear today that my last day will be tomorrow and they will pay for an extra week

Under Texas unemployment "two-week rule," you've got a decent shot at getting benefits to mitigate your wage loss.

http://www.twc.state.tx.us/news/efte/types_of_work_separations.html#2-weeknotice

 

[Zigner]

Under Texas unemployment "two-week rule," you've got a decent shot at getting benefits to mitigate your wage loss.

http://www.twc.state.tx.us/news/efte/types_of_work_separations.html#2-weeknotice

I believe the OP is much more concerned about the bonus.

 

[Chyvan]

I believe the OP is much more concerned about the bonus.

I believe that the OP is interested in any and all money that may be due him.

 

[cbg]

I believe that the poster should have waited until after the bonus was paid out before he mentioned leaving, because there is nothing in the law of Texas or any other state that prohibits the employer from accepting his verbal notice and making his last day any day they choose. Once you indicate that you're leaving, you no longer control when you leave.

 

[PayrollHRGuy]

I believe the employer messed up as far as UI is concerned because without written notice it shifts the burden of proof to the employer that the employee quit.

But other than that if we are talking about the early acceptance of a two week notice it is like just about every state in that the Texas 2 week notice rule allows early termination is still considered a resignation and not a discharge.

From the link that Chyvan linked to.

The amount of notice can be important in a TWC case. The rule followed by the Commission recognizes that two weeks' notice is standard in most industries. If the employee gives notice of intent to resign by a definite date two weeks or less in the future and you accept the notice early at your convenience, it will be regarded as a resignation, not a discharge. If more than two weeks' notice is given, but you wait until two weeks or less before the effective date of resignation to accept the notice early, then you would have a good chance of having TWC regard the work separation as a resignation, although not all claim examiners and hearing officers agree. Also, if the employee gives more than two weeks' notice, and you accept it more than two weeks in advance, but you pay wages in lieu of notice for the rest of the notice period, then the situation will still be judged a quit, not a discharge. However, if more than two weeks' notice is given, and you accept the notice more than two weeks in advance without paying wages in lieu of notice (payment for a notice period not worked is not required unless such a payment is promised in writing), the situation is likely to be considered a discharge, with the burden of proof falling squarely on you to prove misconduct connected with the work if you feel that the claimant should be disqualified from UI benefits. Much would depend upon the individual facts in the case.

 

[Zigner]

I believe that the OP is interested in any and all money that may be due him.

Sure, but this thread is about the bonus

 

[onedah]

All thanks for the responses.

Bottomline is - should I accept this as my lasy day or keep pushing that I did not agree or put a date on the table. I recorded the call with HR and was clear that I have not provided a date and waiting on my boss to come back to me.

The bonus in question is ~$20k.

 

[Ohiogal]

All thanks for the responses.

Bottomline is - should I accept this as my lasy day or keep pushing that I did not agree or put a date on the table. I recorded the call with HR and was clear that I have not provided a date and waiting on my boss to come back to me.

The bonus in question is ~$20k.

You cannot force them to keep you employed.

 

[HRZ]

You blew your odds at the bonus by a resignation too soon .

IF for some wild stretch you continue to report to work and your boss assigns you work ...you might stretch the date...but it's a wild stretch of the facts .....

 

[cbg]

All thanks for the responses.

Bottomline is - should I accept this as my lasy day or keep pushing that I did not agree or put a date on the table. I recorded the call with HR and was clear that I have not provided a date and waiting on my boss to come back to me.

The bonus in question is ~$20k.

You can push it if you want to but you have NO legal leg to stand on. There is no law you can invoke and no set of actions you can take that will force the employer to continue to employ you until after the bonus payout.

You shot yourself in the foot by mentioning leaving before you were ready to do so. It doesn't matter a dang what UI will call it for any purpose other than UI.

 

[Chyvan]

keep pushing . . . .

You need to beg and be just so nice that they take pity on you.