Making employee’s intention to quit effective immediately

An employment relationship may be ended in a variety of ways with different legal consequences, so it’s important to accurately determine the method by which it’s terminated. An involuntary termination (i.e., the employee is fired) occurs when the employer decides to end the employment relationship. A voluntary termination or resignation (i.e., the employee quits) occurs when an employee indicates an intention to leave employment by word, manner of action, or by actions that aren’t consistent with the continuation of the employment relationship. That may seem simple enough, but complications can arise quickly when the employee expresses an intention to quit at some point in the future. Much depends on whether the employee has provided a definite date of termination of employment.

Unspecified intention to quit, and employer discharges

If an employee indicates an intention to quit but doesn’t specify a date, and the employer then dismisses the employee, it is not considered a voluntary termination.

For example, imagine a waitress informs her boss she doesn’t like waiting tables because she hates being inside all day. She says she’s going to look for outdoor work, such as landscaping or lifeguarding. Because she hasn’t provided a definite date but has merely indicated she is looking for new work, she hasn’t quit.

In the meantime, if her boss finds a replacement and dismisses her, she has been fired, and the termination was involuntary.

Definite separation date, and employer accelerates