Can my company force me a resignation on me if I have not provided written notice?

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Can my company force me a resignation on me if I have not provided written notice?

I spoke to my boss about another opportunity I have and resigning, however I have a bonus which was due so he told me not to send anything offical via email until he had a chance to work some stuff out.I hear today that my last day will be tomorrow, yet I have not sent in written notice and my bonus was only 2 weeks away for payment. HR told me verbal resignation is good enough and written is not needed. Can a company say verbal is enough – especially as I did not commit and send anything on paper? Can my company force me a resignation date on me if I have not provided written notice?

Asked on October 5, 2017 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Once you told your boss about your new position, then that constitued a resignation, whether or not it was in writing. Accordingly, you have been deemed to have quit so you are not eligible for your bonus. The fact is that you should have waited until your bonus was paid to have said anything. That is unless such an action violated the terms of an employment contract or union agreement. Otherwise, you were at "at will" worker which means that you employer coulsd set the conditions of your employment much as it saw fit (absent some form of legally actionable discrimination).

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Once you told your boss about your new position, then that constitued a resignation, whether or not it was in writing. Accordingly, you have been deemed to have quit so you are not eligible for your bonus. The fact is that you should have waited until your bonus was paid to have said anything. That is unless such an action violated the terms of an employment contract or union agreement. Otherwise, you were at "at will" worker which means that you employer coulsd set the conditions of your employment much as it saw fit (absent some form of legally actionable discrimination).


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