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How does Your Company Process Resignation Letters

Posted on August 27, 2017

Employers Best Practices: Resignation Letters

Often when we are performing an HR Audits, we discover that several employers do not require the employee to give them notice of their resignation in writing. We always recommend to employers to not just accept a verbal resignation but to require the employee to give them notice in writing.

The reasons you want the employee’s resignation in writing are:

  • Provides documentation if later the employee files a claim against the company
  • Provides documentation if the employee tries to file for unemployment

Now, after a recent case in California, we can add another reason to the list:

  • In case the employee tries to rescind their resignation, and the employer does allow them to rescind.

The case involved an employee who sued their employer when they would not allow the employee to withdraw their resignation. The employee claimed the employer, by failing to all the employee to withdraw their resignation was discriminating against her because of a disability.

The court ruled that because the employer had already accepted the employee’s resignation, the employer was under no obligation to allow the employee to withdraw her resignation, and the employer’s decision did not amount to an adverse employment action.This is an important reason for all HR departments to add to their best practices to not only require the employee to submit their resignation in writing but also to accept the resignation in writing. Doing this simple step can avoid issues down the road.

Lauren Sims is the author and the Director of Human Resources Consulting for eqHR Solutions.

Whenever you require professional Human Resources or Payroll guidance to navigate the ever-changing landscape of California and Federal Employment Law.

eqHR Solutions offers professional, tactical and strategic, human resources support, ADP payroll product implementation/training and payroll processing services for businesses throughout Southern California.