Resignation letter (was Re: [SunRescue] The Question.)
rescue at sunhelp.org
rescue at sunhelp.org
Mon Feb 12 12:15:29 CST 2001
You are conrrect, it is primarily in US. Employment laws in UK and most EU countries are quite different and often on the side of employee. However, in the US, there is what its called discrimination etc. which varies widely from one state to another. MOst of these are state issues and certain federal issues relating to discrimination, disability etc.
rescue at sunhelp.org wrote:
>
>
> I assume that the advice below is given using the assumption that the USA
> is the world is it ;-)
>
> Employment law in the UK is nothing like this. The contract of employment
> dictates 'hard and fast' notice periods upon which each side is entitled
> to rely and entitled to claim damages if they are not oberved witout the
> agreement to of both sides to waive them.
>
> Furthermore if the employer terminates the contract without good reason,
> along with documentation to prove that proper procedures have been
> followed including the issue of three verbal and written warnings for all
> cases except gross misconduct, the (ex)employee is entitled to appeal to
> an employment tribunal and will be awarded damages, or the employer will
> be ordered to reinstate him.
>
> Is there any unfair dismissal legislation in the USA?
>
>
> On Fri, 9 Feb 2001 mnapaul1 at netscape.net wrote:
>
> > I see that there are much question regarding resignation and employment.
> May be I can help here since the laws are on your side.
> >
> > 1. Most of employmement relationships are at-will. What this mean is that
> either employer or employee is free to terminate the relationship at any time
> without any advance obligations.
> > 2. The only issue arise is confidentiality and invitable disclosure. I
> assume most of us working for tech company would have some sort of patent
> assigment or confidentiality. Most of these however does not standup in
> court because of its terms and condition. Since most company wants to
> protect themself to the max they end up with what legal term called
> UNCONSCIENABLE OR OVERREACHING OR RESTRAIN OF TRADE. California and most
> state are in favor of employee when a company prevent employee from
> practicing its trade.
> > 3. Most of the time, company or employee give notice with some time as
> matter of courtesy rather than laws. Dont burn your bridges as they say.
> After all, many of us would like to have some sort of positive reference in
> the future and the last thing a company need is bad publicity.
> > 4. As far as resigning from the company, I would advice people to keep the
> resignation as brief as possible without any praise, negative etc. since
> these will be in your file for certain amount of year required by laws.
> Guess what, your employment file can be requested under court order. If you
> ever involved in legal case where your info can be used, you certainly want
> to have as less info of why you reside as possible.
> > 5. Not disclose in writting does not mean that you should take step to
> conceal. If you are comfortable to tell your colleague or boss IF ASKED
> about your next career move by all mean tell them. Otherwise, just tell them
> that you would like to keep in touch and will contact them upon settling in.
> >
> > I hope the info could be some help to you all.
>
> --
> Regards
> Pete
>
> _______________________________________________
> Rescue maillist - Rescue at sunhelp.org
> http://www.sunhelp.org/mailman/listinfo/rescue
>
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