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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19935
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I recently filed a fraudulent expense report. I have 24 hrs

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I recently filed a fraudulent expense report. I have 24 hrs to produce documents proving that the expenses were justified, which I cannot. Obviously this will lead to termination so I plan on resigning instead. I work out of a home office so I was planning on emailing a resignation letter. Also, I have two weeks of unused vacation, what happens to that? What is the best way to go about this?

Thank you for the information and your question. I will assume by the facts that you provided that you never received any money from this expense report. If that is not the case, let me know, since there might be additional information I can provide to you.

As for your resignation, unless you have a contract that requires that you and the employer owe the other party any notice prior to terminating the employment relationship, then you can resign just as you have suggested and with no notice. You don't have to give a reason for your termination, just as your employer never needs to give a reason.

In regards XXXXX XXXXX accrued unused vacation pay, since there is no Ohio or Federal law that requires that an employer offer any vacation pay, the employer can set the policies for, among other things, the payment of unused vacation pay at the end of the employment relationship. That said, the employer's policy must be clearly stated in written policy or contract. Meaning that the policy must specifically state that they will not payout unused vacation pay upon separation in order to not have to. If their policy is silent, then they must pay it and if they don't, you could file a wage claim or file small claims court suit.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 3 years ago.

No I was not reimbursed. What should the resignation letter entail? Should I attach to an email and then ask about the unused vacation policy in the email body.

Thank you for your reply. There need be nothing special in your resignation note, email or letter. As I mentioned, you need give no reason or notice, unless you have a contract that says you do. So, you can just say that you "quit." So, it really is up to you. You certainly don't want to admit that you did anything wrong or attempted to defraud them. You can just say for "personal reasons" if you feel compelled to say something.

You should know what the vacation payout policy is, but if you don't you can call HR or, if you prefer, ask about it in your email.
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