Verbal Resignation??

[kkelly]

What is the name of your state? California
A person tells their boss that after vacation (in 1 week) they are going to look for another job and will give proper notice when they find a job. Is this a verbal resignation? This position is considered a key position and can not be without someone in it. It is legal for them to tell you that they are going to post your position and 2 weeks from the day you return from vacation will be your last day of employment? Wouldn't this be considered a termination by the employer and possibly be able to collect unemployment or is it a verbal resigation? thank you

 

[pattytx]

That is not a resignation, but it is a resignation in the making. The individual can file for UI and will probably get it in most states, but this is all up to the state. The employer stating that they terminated the employee because he said he was looking for another job is not normally a reason for the state to deny UI.

Short of a valid, enforceable employment contract prohibiting it, the employer is perfectly within his legal rights to terminate the employee at any time for any reason that is not illegal, and this is not. It's called "at-will employment". It's what allows the employee to quit at any time, with no notice, and for no reason, as well.