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American Employee: What Constitutes A Resignation

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.

NateNate60 ,

If you are fired during your notice period, in most US states, you’re still entitled to unemployment insurance for the time between when you were fired and when your notice period would end

The default standard at law is whether a reasonable person would interpret your statement as intent to resign. Generally, that means giving a specific date and not just a nebulous idea of some time in the far future. This would probably be down to a case-by-case basis. If you said “I won’t be here in two weeks”, that’s different than “I don’t see myself continuing to do this job five years from now.”

CrimeDad ,

@Vanth is correct. I would just add that you should always apply for unemployment when you leave a company and do not immediately have new employment. Don’t disqualify yourself. That’s the job of your state’s department of labor.

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