Should I require a resignation letter?

Ashley, I would have to say yes. Why? I just completed an investigation in which a former employee says he was terminated for discriminatory reasons. The company said he put his company cell phone on his supervisor's desk and walked out the door. It has cost the company quite a bit of money because the employee went to BOLI, which is why I got involved.

If not a resignation letter, certainly something the employee signs which says the employee voluntarily resigns.

Absolutely you should require a resignation letter, AND discussion between employee and manager and/or HR representative.

Not only does this eliminate confusion, the discussion between the employee and management may be extremely useful in future recruitment efforts. When I accept a new search for a "replacement" position, I always ask "Why is this position open?". Did the employee discuss issues such as: salary, changes in job duties, management changes or issues, changes in location, team dynamics? What has the company done to remedy these issues? The more accurate the answers, the more targeted my efforts can be to find an employee who is well-suited to the challenges, and ready to make a long-term commitment. M

Ashley:
I would agree with the others. While there is no legal requirement it makes the terms of the employee's departure clear and "on the record". That is really nice to have when they change their mind or have a different recollection of events in the event of litigation, filing for unemployment, etc.
In the event any employee hasn't prepared one I have actually drafted them for the employee and addressed exactly the kind of points that David mentions- the resignation is voluntary, they were not under duress, etc.
I don't like to create adversarial situations, but I don't like suprise lawsuits, discrimination claims, etc either.
You can't force it or put conditions on it if you want to maintain your at will status, but an employee who terminates and who refuses to put their resignation terms in writing or sign a "vanilla" letter you draft should be a red flag to you that there are larger issues....

Hi Ashley, you should always require a resignation letter for documentation purposes....

I agree with David and Mark: you cannot require a resignation letter nor can you require that someone sign any documentation at exit (or termination for that matter). Assuming your employees are "at will" simply keep in mind that at-will employment applies equally to the employer and employee and that either party may enter into or leave the employment relationship at any time, for any reason or no reason at all, with or without notice, and with or without a stated reason.

Setting aside legalities, it is always good practice to document the reasons for someone's departure even if it is only their manager and an HR person (or second manager) noting that they person simply walked out (or resigned). HR should, of course, conduct an exit interview but former employees cannot be compelled to participate in one.

I respectfully disagree with the suggestion that failing to take these steps will create liability. If a company has liability the exit process will not change the facts. The only stop gap that HR can put in place at the point of exit is to attempt to leverage a severance package linked to a release of claims.

Following the David, Mark and Sean "thread", I actually include a Voluntary Resignation Form in my recommended exit process. If the employee has provide written (including emailed) notice of his/her intent to resign, it isn't necessary to complete the form. If, by the time of the exit meeting, (s)he hasn't provided written documentation, I recommend asking him/her to complete the form. If the employee resigned without notice and never returned to work or refuses to complete the form, the Supervisor and HR complete the form indicating this and documenting that the employee resigned voluntarily. Obviously, if isn't signed by the employee, (s)he could dispute it or the facts of the resignation but if you can demonstrate that this is a regular part of your process, at least you will have your side of the story considered in the event of an unemployment claim filing or other action.

As a side note, I recently completed an unemployment claim appeal on behalf of a client where exactly this chain of events occurred (Employee quit without notice during a performance review meeting, we followed our process and documented the meeting on the VRF, introduced this along with the Supervisor's statement of what occurred and the claim was denied.)

It may not work every time but it's certainly better than nothing!

Hi Ashely,
Keep in mind the employer is the keeper of the record. I want to have a record that shows the employee voluntarily resigned. I prefer to get a resignation signed by the employee. If I do not get a document, from the employee, I create a Change of Status Notice that essentially says the employee resigned the effective the date of the Change of Status. I have the employee sign the document in the exit interview before handing them their final paycheck.

Ideally, we get a resignation letter. In the case I cited earlier, the employee simply put his company cell phone on the supervisor's desk and left. However, if you can get at least one witness who says s/he saw it, that's helpful. Also, checking email, if they had email, because often the employee will let friends know they are on the way out. That email is a good document for the ex-employee's file as proof.

Resignation letter is a legal requirement and a formality both .Since it's the way of communicating one's leaving,so just a formality."Legal Requirement" because it states the date of one's exit from organization....