Voluntary Quit VQ 135 - Fact Finding Guide
Voluntary Leaving or Discharge
- Which of the two parties was unwilling to continue the employment relationship?
- If both the claimant and employer were unwilling to continue the employment relationship, which one moved to actually sever the relationship?
- If the employer gave notice of pending discharge or layoff, was the claimant given the option of leaving early?
- If the claimant submitted a resignation dependent upon a contingency, such as securing a replacement, did the separation occur as soon as the contingency occurred?
- If a change in circumstances made the claimant's previously submitted resignation unnecessary, could he or she have remained in employment by withdrawing the resignation?
- If the employer did not allow the claimant to withdraw the resignation, had the employer gone to substantial effort and expense to secure a replacement?
- Were the claimant and employer mutually but reasonably mistaken about the other party's understanding of the separation?
- If the claimant requested to leave work prior to the effective time of the discharge or layoff, did the employer give his permission? Did the employer pay the claimant through the original termination date?
- Why did the employer terminate the claimant prior to the claimant's intended resignation?
- Why did the claimant think he would be discharged?
- Do the facts show that the employer was merely thinking about discharging the claimant or planning to discharge but had not actually taken any affirmative action to discharge at the time of the claimant's resignation?
- If the claimant quit in place of a less senior employee, does the collective bargaining agreement provide for this (obtain copy of provision, if possiible), and was a layoff pending?
- If the employee refused to exercise his or her bumping rights, does the union contract allow members to do so?