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0 pointsprepend5y ago0 comments

> First, you cannot resign with an completely unspecific effective date; a conditional statement that in should particular circumstances you would work with someone to set a final date is not a resignation. So there was no resignation to accept.

Would you share some information on where this comes from. It sounds pretty authoritative. I’ve worked with people who said “I quit” and walked out. It seemed to succeed as they never came back. Could they come back the next day and say “well I didn’t specify a date therefore my resignation wasn’t valid?”

I’m not familiar with labor law, but I thought that resignation was a loose term that could fit many patterns.

This definition from feeling lucky on google [0] just says it’s the formal notice of voluntary termination and there are no laws governing resignations.

But it sounds like you have more info on this and I’d like to learn more about this.

[0] https://definitions.uslegal.com/r/resignation/

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dragonwriter5y ago

> I’ve worked with people who said “I quit” and walked out. It seemed to succeed as they never came back.

There's a pretty big difference between “I quit” (a simple immediate present tense statement) and “I will work with you on setting a non-disruptive end date” (a statement of future intent to set an as-yet-unspecified end-date.)

Here's some (Texas-specific, but broadly similar considerations apply in other US jurisdictions) relevant information:

https://www.twc.texas.gov/news/efte/types_of_work_separation...

> I’m not familiar with labor law, but I thought that resignation was a loose term that could fit many patterns.

There are many patterns of resignation, and many patterns of firing, but the difference between resignation and firing has important legal effect and is frequently disputed, and thus regulators and courts have developed rules for determining which actually applies in a particular case.

...And that's before even getting into the deeper constructive dismissal issue.

https://en.m.wikipedia.org/wiki/Constructive_dismissal

prependOP5y ago

That link seems to be about the employer trying to keep the employee.

Bringing up constructive dismissal seems irrelevant.

I understand there are differences but there seems to be no legal requirement that’s clear to at least both of us.

I think the only way we’ll have a clear determination is if she files for unemployment and either is approved or denied by the state.

But it seems saying unequivocally that she was fired isn’t clear or accurate with more info.

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