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American Employee: What Constitutes A Resignation (reddthat.com)

submitted 4 months ago by [email protected] to c/[email protected]

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A sudden exodus of employees is causing leadership to panic and suddenly puts me under a microscope with questions like:

Are you going to leave?
What can we do to keep you from leaving?
Do you see yourself here in 1 year?

These are all semi valid questions to ask in the best interest of the company. But I’m curious how this information could be used.

This all got me thinking – at what point could – “no - I don’t see myself in a year” be used as a resignation with a 1 year notice – and then terminated after ~3 months and be ineligible for unemployment since you “technically” resigned.

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[–] [email protected] 5 points 4 months ago

It will vary by state, but generally:

When only one of the two parties is unwilling to continue the employer-employee relationship, it is obvious who is the moving party. If employment was still available to the claimant and the claimant refused to continue working, then the claimant is the moving party. If the employer will not allow the claimant to continue work, even though the claimant wants to, then the employer is the moving party.

https://edd.ca.gov/en/uibdg/Voluntary_Quit_VQ_5/