Under certain circumstances employers may end up paying unemployment benefits for employees that quit. However, there are ways to protect yourself. We all believe that employees should give the traditional two weeks’ notice, preferably in writing, but this does not always happen. Even when an employee only gives a day or an hour’s notice you should still try to get something in writing. It doesn’t have to be an elaborate letter, but it should state clearly that they are quitting the job and include the last day they plan to work.Sometimes when companies receive a resignation with notice they don’t allow the employee to work out the notice. This is a business decision that every company must make for themselves. But please note, if an employee has given notice and intends to work out that notice and you ask them to leave before that notice is completed, the employee may be able to collect unemployment benefits for the remainder of the notice period.Unemployment benefits are typically denied to employees who voluntary quit their job. However, if the employee alleges that they left for reasons based on the employer’s action or behavior, they may still receive benefits. Typical examples may be: an employee is asked to do something illegal or unsafe or an employee is harassed and has followed proper notification procedures and nothing changes. These examples are attributable to the employer, and if an employee can prove it, they will be allowed benefits even though they quit. If your employee voluntarily leaves employment it is important as a manager/supervisor/HR professional that you get something in writing to show that the employee has severed the business relationship. This will provide the proof you need to deny unemployment benefits and protect your SUTA rate if he/ ever files for unemployment. If the employee does not give you a letter on their own, it is recommended that you keep a standardized form for voluntary resignations and ask the employee to sign it upon departure.
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