It is legal for an employer to tell you what to say in a resignation letter?

Question

A family member had a discussion with their manager last week. "Man to man" they were discussing a transition the company was going through. My family member advised them that under the current conditions it was going to be very difficult for them to stay on (increased drive, a poorly staffed office, etc.) And mentioned that at some point he would have to consider other options. He also mentioned that he had been taking some classes to try to make better for himself. He did not use the words resign, quit, terminate, etc. Yesterday he received an email from his manager telling him to go ahead and turn in his resignation letter...keep it real simple and don't give any reasons. That does not sound right to me at all.
(It should be noted that in June a considerably younger employee who had been there less than a year -advised this same manager he wasn't pleased with the job and was going to school, etc. The employer did NOT ask for his resignation.)
??Is this right & what to do??

Answer 1

If he's not ready to resign, then don't give a resignation letter - unless he has another job lined up, he'll be without income and not eligible for unemployment - If the boss lays hime off, then he can collect unemployment

Answer 2

I am not sure where you are and what the law is in your place of the world.

However, ethically and responbily, the line manager who has suggested this is not always the employer and without giving reasons in the letter, you may get bad references such as "He gave no reasons for quitting"

I don't think the line manager wants to deal with these issues and would be forced to if written in a formal resignation.

Keep the email from the line manager in hard copy form.

I would not take the line managers advise... I would possibly resign after lining up another job, don't be bullied in to resigning, we all feel like quiting at one time or another but no job is worse... (In my opinion....)

If it is right for him to resign, resign with reasons... also maybe if you don't want to resign talk to somebody higher up and discuss these issues and that email.... and that you don't want to resign.

Answer 3

Even though your First Amendment rights are limited at an employer that does not apply to a letter of resignation which is a personal expression of why you wish to leave and employer and thus protected. You may want to think about the implications if the letter causes such problems with the current employer. They may black ball you to potential employers.

Answer 4

It's definitely an injustice, but probably not illegal. He should talk to the manager and see if he's being fired or if this is a ploy for the manager to help him get more money. If he's being let go, I wouldn't give them a resignation letter at all. Make them lay him off and then he can go for unemployment. Make sure he isn't late to work and doen't miss or give them any reason to fire him. Good luck. :)

Answer 5

It only sounds to me as if the boss is continuing on from what was discussed in the meeting with your family member.

If your relative tells the boss he is unhappy with the job, difficult working conditions, and that he is considering moving on and 'bettering himself', should it be any surprise that the boss acts upon this? He is taking on board what your relative said and offering him the opportunity to resign if he should so wish (which it certainly sounds like he does, even if he didn't use those exact words!).

It sounds to me like your relative was trying to drop hints that he felt undervalued and was angling for a payrise, or change in work conditions to stop him leaving, and this has horribly backfired on him.

There is nothing wrong with going to his boss and saying he has reconsidered, and doesn't want to leave the company. As long as he is doing good work, there should be no grounds to fire him.

Answer 6

If he isn't ready to resign, then I'd tell the manager that I'm not quitting. See if the manager wants him out, that means firing him and he could collect unemployment benefits which the employer has to pay for. So unless he's ready to quit and has other employment, then I wouldn't do as the manager asks. Tell him to save the email, print it off and take it home!

Answer 7

clearly they took their talk as he was unhappy enough to leave and if he does resign he can put in whatever he wants, most employers after they know you are unhappy don't want to deal with it or have anything on paper about it. If he wants to stay he needs to speak up, otherwise write whatever letter he wants. But this company sounds like no matter what he does now a good reference will not be happening.

Answer 8

He can request his resignation, but he can not force it or tell him what to say in the letter. If they intend to lay him off or release him, he would be elligible for unemployment benefits, whereas if he resigns, he gives up those rights. He may also be giving up some of his retirement benefits if he resigns.

Also, if they fire him with cause, he may lose unemployment benefits as well, and may cause them to issue a negative reference for him in the future.

Answer 9

I would not quit work, the employer could be trying to get your family member to quit versus being terminated, the reason is if the family member quits they will not be able to receive unemployment benefits versus being fired

I would make them terminate the family member in writing

Answer 10

not really sure. but i hope he kept the email his boss sent him. i would print out a copy of the email and go to a lawyer and tell them what all had previously been said and show them the letter. don't know if anything can be done though. but i would at least try. good luck.