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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19219
Experience:  Employment/Labor Law Litigation
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I never gave a formal written resignation only by word

Customer Question

Hi.. I never gave a formal written resignation only by word of mouth. 2 days later I was pulled into the office and my boss said he will accept my resignation. I tried to resend it, but got escorted out of work. Is word of mouth still legite? Am I qualified for unemployment? I never quit
Submitted: 2 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 years ago.
Yes, word of mouth is still a legally acceptable form for resignation. Nothing in the law requires that you give a formal, written resignation for it to be legally binding and subject to acceptance by the employer. Now, whether or not it disqualifies you from unemployment really depends on just how far removed from official your resignation was. You stated that your resignation was based on "word of mouth." Does that you mean that you said "I quit this job man" and that was later accepted? Or rather, were you just talking to some people about maybe no longer working there at some point?The issue then really becomes one of whether or not your statement (word of mouth) was speculative or an affirmative statement of an intention to resign.