Unemployment – Document ‘quitting words’ to block unemployment claim

Employees who quit typically aren’t eligible for unemployment compensation.

Yet employees who impetuously announce that they’ve had enough and won’t be back still might file for unemployment insurance benefits anyway.

Teach your supervisors how to handle sudden “I quit” outbursts in order to avoid being on the hook for those workers.  Specifically, tell supervisors to note the “I quit” in writing, including the date and time, and if possible, the exact wording. They should then forward the memo promptly to HR for inclusion in the employee’s personnel file.  HR will then send the employee written confirmation that his resignation has been received and accepted.

Recent Case: Wm. Baker worked for Erie Construction.  During a break, he asked a co-worker to drive him home and, as they drove along he told her he had “quit.”  He then phoned his boss and told him the same thing.

The next day, he called his boss and asked to rescind his resignation.  The boss told Baker to reapply.  When he did, HR informed him that his position had been filled and no openings were available.

He filed for unemployment benefits.  But Erie Construction brought in the boss, his conversation notes and the co-worker, who testified that Baker had told her he quit.  That was enough for the court:  It denied benefits and ordered Baker to pay the court costs of his appeal.

(Baker v. Director of Ohio Department of Job and Family Services, No. L-06-01198, Court of Appeals of Ohio)