Five myths of resignations

One of the most common topics we are asked about is the employee resignation. There are many myths surrounding resignations. It is time to lay some of these to rest.

Myth one: if an employee becomes absent without leave (AWOL), the employer can assume they have resigned. There is no legal provision for assumed resignation. An employee has to state they have resigned and, in fact, case law has shown that any employee resignation must be clear and unambiguous. Therefore, if an employee becomes AWOL, an employer must follow their disciplinary procedure, which may ultimately result in the employer dismissing the employee in their absence.

Myth two: a resignation from an employee must be in writing. Not always. Unless the contract of employment specifically states that a resignation must be in writing, verbal resignations are valid. Of course, it is preferable to ask the employee to submit the resignation in writing in case there is a dispute as to whether they have resigned…

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