Legal requirements in resignation

Employees resign from their jobs for a number of reasons; from job dissatisfaction to finding better opportunities. In most instances, writing a resignation letter is required in the resignation process. The letter serves as a formal way to announce your resignation in case of any future reference. Depending on the circumstances of an employee's exit from a company, not everyone submits a resignation letter when they are leaving the company.  Another important point to note about submitting a resignation letter is that it also serves as a necessary courtesy. A good resignation letter can help maintain a good relationship with the employer and other colleagues from the company in case you need any help from them in the future.

Things to Note When Writing a Resignation Letter

Have a conversation with your HR/ General ManagerIf you have a good relationship with your HR or General Manager, it might not be a bad idea to see them and tell them about your resignation face to face. Although, it is not professionally required by most companies but telling your HR or employer about your resignation before giving them a letter can go a long way in helping maintain your good relationship with them. It also allows you to say goodbye properly

Give enough noticeAs a standard, most Human resource professionals usually demand at least two weeks’ notice before resigning. This would require that you submit your resignation two weeks before the resignation. In the letter, the exact date you plan to leave the company should be duly stated. This would help the company make appropriate preparations for your exit. Also, any necessary transition arrangements can be made early enough.

Show AppreciationA good resignation letter should also express due appreciation for time spent with the organization. Although in some instances, this can be difficult if you had difficult times with the company.

The appreciation in the message does not necessarily have to be all rosy. Something brief and precise is good enough. Saying “My time at the company has been a pleasure.” is good enough.

Offer to help in the Transition ProcessWhen you resign, offering your employer help with the transition process helps to create a good relationship with the company. This help could be in the form of helping recruit or train the potential employees that would be filling your position.

Apart from helping get capable hands to recruit and train employees, you could also prepare documents to make the transition easier for the company.

Legal Considerations in Resignation

The legal requirements for resignation vary for different countries and companies. In the UK for instance, resignation letters are not required by Law. However, it is important to ensure that you are not breaking any contract in the course of resignation.

Some employments are based on contracts and resigning before the end of the contract might be breaching the terms of the contract. You might want to check out the legal requirements of your contract before resigning in instances like this.

Some contracts contain conditions under which the contract can be terminated. In situations like this, you only have to ensure that you fulfill these conditions before handing in your resignation letter.

Resigning in the United States does not also come with strict regulations but again it is important to be aware of the resignation rules of the company you are working for to ensure that you are not breaching your employee contract. Most companies run an “at-will” employment contract with their staff. Under US labour laws, an “at-will” agreement allows an employee to resign at will without any strict requirements. Although, it also allows employers to dismiss an employee without a need to establish just cause, as long as no laws are broken e.g. dismissal due to employee’s religion or race. Dismissal on these grounds can make a good case and there are several cases of force resignation in US courts e.g. The Green v. Brennan in 2016. 

Mr. Green had been allegedly forced to resign by his employer. However, critics have argued that he might have had a better case with the right content in his resignation letter. 

A model sample proffered of a resignation letter under forced resignation conditions; 

Dear [Manager]:

For the last X months, my working conditions at Acme have been intolerable. I have informed you on multiple occasions of the hostile work environment I face: [Brief statement of specific intolerable conditions].

Because Acme has not adequately addressed these issues, I am compelled to offer my resignation: Unless there are acceptable changes in my work environment, my last day at Acme will be [specific date].

I regret that I am forced to take this step. I prefer to remain at Acme, and I remain open to a good-faith discussion of changes that might allow me to do so.

Sincerely,[Employee]

The Tom Hammon Vs DHL Case of 1999 is another interesting case on Resignation letters. Tom Hammon has resigned from the DHL verbally due to some circumstances and had stayed away from work. In reviews of the case, critics often claim that the district court erred when it found that Plaintiff had “constructively resigned.”. This was due to the fact that DHL offered no proof to show that Plaintiff had abandoned his job, or that DHL had issued a written notice that his failure to do something would be interpreted as an act of resignation. 

In some instances, a resignation might be accepted even without a letter. For instance, in the case of Mtati v KPMG Services (Pty) Ltd (2017).

The company was investigating allegations of serious misconduct against an employee. The employee decided to resign by giving notice. However, when the company indicated intention to take disciplinary action, the employee resigned with immediate effect. 

The company tried to implement disciplinary action before the contractual notice slated expired. But the employee raised that the company could not put her through the disciplinary procedure as she had resigned. After a hearing at the labour court, this was the conclusion of the court:

In my view, the second letter of resignation of the applicant changed the status of the employee from that of being an employee, in the ordinary sense of the word, to that of being the erstwhile employee of the respondent (company). This means that the termination of the employment contract with immediate effect took away the right of the first respondent (company) to proceed with the disciplinary hearing against her.

The court declared the disciplinary hearing null and void and set it aside. The company was ordered to pay the costs of the application.

Most labor Laws have two requirements for resignation; the employee must show an “intention to resign”, and he take some actions to demonstrate that he would be relinquishing his position. 

This goes to show how important a resignation letter is legally in the resignation process Canadian Common Law simply requires that an employee gives “reasonable notice” before resignation. Although it’s normal to give at least a two-weeks’ notice, it is not a legal requirement. In some instances, an employee may also negotiate a fair departure notice with the employer.

References

https://www.employmentlawgroup.com/...forced-resignations/ 

https://caselaw.findlaw.com....

https://www.monster.ca/career-advice/...quitting-job-resign 

https://www.reed.co.uk/career-advice/...you-need-to-know/ 

https://www.cliffedekkerhofmeyr.com/...employees-after-resignation-.html