An employee resigned then said he was terminated then emailed he resigned. Did he resign or was he terminated?
A long time management employee resigned on a telephone call to the CEO of the corp. which was accepted immediately and conformed by the CEO with texts and e mail the same day. The employee told everyone in the office that he was fired, cooled down and stated that he quit but that he was joking. He filed for unemployment benefit stating he was terminated. he later sent an email to the Corp's CEO stating he resigned. This employee has threatened to resign and resigned without the resignation being accepted several times over the years. Did the employee resign or was he terminated?
2 attorney answers
He quit. That was confirmed by the company in writing, and the employee then subsequently also confirmed that he quit in writing.
Since this was a long-term employee who obviously had some issues controlling his behavior, there may be an unwarranted lawsuit lurking in the background here. You might want to talk briefly to an employment attorney to make sure you understand all of the potential issues related to his employment.
If he quit, then he quit. Once he communicated to the CEO that he resigned and the CEO accepted that resignation, the issue is done. Unless he was re-hired after that, the issue is closed. He can later claim whatever he wants, it does not change the reality of what occurred.
Good luck to you.
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