lay off date set. they want a letter of resignation? (employee, 2014)

[dstorton]

I was out on Workman's comp in June when I got a letter notifying me I am to be laid off as of Dec.21st.
My position affords me 6 months notice of such situations.
I am back at work, but I have found a new position and intend to start the 17th of NOV. I have more than enough vacation time remaining to take Nov 17 to Dec. 21 off. For health insurance reasons this is my best course of action....
Am I required to give a letter of resignation? I wouldn't think so but I want my legal standing clear.

Legally where do I stand?
-donna






[SIZE=3]This is the correspondence about the matter...[/SIZE]
[SIZE=3]Wei is my immediate supervisor, Kara is his supervisor.[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]Hi Donna,[/SIZE]
[SIZE=3][/SIZE][SIZE=3]If it is ok with Wei, it is fine with me. Please enterall the vacation time for this time off now.[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]We'll also need a letter of resignation from you, whichincludes your last day worked, and your new position.[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]I'm happy to hear things worked out at BMS.[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]Thanks,[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]Kara[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]On Nov 4, 2014, at 11:48 AM, Donna [/SIZE]
[SIZE=3][/SIZE]
Kara, Is this acceptable?
[SIZE=3][/SIZE]From:Donna
Sent: Tuesday, November04, 2014 9:24 AM
To: Wei
Subject: vacation time
[SIZE=3][/SIZE]

[SIZE=3][/SIZE]
HiWei,
[SIZE=3][/SIZE]
Iwant to submit vacation time from November 17 to Dec. 21st my termination date. That will be theeasiest option for me concerning health insurance issues at the moment.
[SIZE=3][/SIZE]
Thankyou for everything,
[SIZE=3][/SIZE]
Donna
[SIZE=3][/SIZE]

[BigDGeek]

Originally Posted by dstorton

I was out on Workman's comp in June when I got a letter notifying me I am to be laid off as of Dec.21st.
My position affords me 6 months notice of such situations.
I am back at work, but I have found a new position and intend to start the 17th of NOV. I have more than enough vacation time remaining to take Nov 17 to Dec. 21 off. For health insurance reasons this is my best course of action....
Am I required to give a letter of resignation? I wouldn't think so but I want my legal standing clear.

Legally where do I stand?
-donna






[SIZE=3]This is the correspondence about the matter...[/SIZE]
[SIZE=3]Wei is my immediate supervisor, Kara is his supervisor.[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]Hi Donna,[/SIZE]
[SIZE=3][/SIZE][SIZE=3]If it is ok with Wei, it is fine with me. Please enterall the vacation time for this time off now.[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]We'll also need a letter of resignation from you, whichincludes your last day worked, and your new position.[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]I'm happy to hear things worked out at BMS.[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]Thanks,[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]Kara[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]On Nov 4, 2014, at 11:48 AM, Donna [/SIZE]
[SIZE=3][/SIZE]
Kara, Is this acceptable?
[SIZE=3][/SIZE]From:Donna
Sent: Tuesday, November04, 2014 9:24 AM
To: Wei
Subject: vacation time
[SIZE=3][/SIZE]

[SIZE=3][/SIZE]
HiWei,
[SIZE=3][/SIZE]
Iwant to submit vacation time from November 17 to Dec. 21st my termination date. That will be theeasiest option for me concerning health insurance issues at the moment.
[SIZE=3][/SIZE]
Thankyou for everything,
[SIZE=3][/SIZE]
Donna
[SIZE=3][/SIZE]

Please fix your unreadable post.

[MPowering1]

I'm not sure why you've included the exchanges, which identify both the company you're going to work for and your start date, unless you think there is something relevant in it.

Based on what we've seen here with people thinking they've been offered a job, only to find it's been rescinded, I would not send them a letter of resignation. I would send them a letter that read something to the effect of, "Per your letter in June in which you inform me of my being laid off effective December 21, 2014, I am going to apply my vacation time to the end of my employment with you. My last working day will be November 14, 2014."

And then end with the usual spiel about appreciating your time with them, etc.

If you send them a letter saying you are resigning, and something goes wrong with the new job, you won't get unemployment. Therefore, I wouldn't word it that way.

Congratulations and good luck in your new role.

[Serious Conversation]

I would see if you could cash out the vacation or just take as much as you can then come back last day to finalize everything.

[froglipz]

If you give them letter of resignation then they get out of paying you unemployment that you are entitled to.

[dmk31088]

Also, if you give them a letter of resignation, they have no obligation to allow you to work the rest of your time. They can accept it and make it effective immediately. It was a very bad idea to tell them this is what you're going to do. You should have just done it.

[sware2cod]

Don't resign. You are officially an active employee until your end date which the company gave you as your termination date. You are taking vacation that last few weeks. Just make sure they approve the vacation.

Ideally you shouldn't have told the former employer that you got another job.Instead, tell them you are going on vacation. Then your end date comes up at the last day of your vacation. This is the termination date that your employer already have you, so you dont have to resign. Because they already terminated you effective that date.

Here is the problem. You told them you have another job. They want to own you until the termination date. They likely won't allow you to take vacation the last few weeks. This can get sticky.

[joe from dayton]

Make them lay you off. It is in their best interest for you to resign.

[RVD90277]

i think that at this point, you are not being laid off since you are quitting / resigning.

so send them a resignation letter and be done with it. you'll get your vacation days paid to you, etc.

if you want to work there until the end of december and then start your new job, you don't need to do anything since you are already laid off as of the end of december. you probably should not have even told kara about your new job.

but if you want to start your new job before 12/21, you do need to write that resignation letter to officially resign from your current company.

[harlowvart]

What are the laws like in your state for vacation time payments? I think your plan sounds fine, personally. Where I am from, employers can structure your vacation time so they don't legally have to pay anything if you are laid off or quit. I would definitely do what you are planning in that case.