Recently, we handled an unemployment appeal case, where the parties disputed whether an employee-claimant resigned and whether she was laid off. This determination was critical to determining whether that ex-employee was eligible for unemployment benefits. According to claimant, she was informed of being laid off by her boss over the phone. The employer, however, claimed that he never laid off that employee, and instead – she is the one who actually informed him of her resignation in the same phone conversation. The employee never sent any e-mails or text messages about her resignation. The employer also didn’t issue any type of written termination notice.
The above type of dispute is not uncommon, but it can be easily avoided by confirming employment termination in writing. When a worker quits, the employer should ask that employee for a notice of resignation in writing, which would allow him to prove that the employee wasn’t terminated. This notice can be as short as an as simple as “Effective (date), I hereby resign from my employment at (company name). My last day of work will be (date).”
And, if the employee is in fact being laid off, she should ask for a written confirmation of her involuntary separation. This notice can, again, be as simple as “You are being laid-off / terminated effective (date)” Of course, an employee cannot physically force the employer to issue this type of notice, but usually employers don’t have a problem providing this type of confirmation.