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by dragonwriter 2006 days ago
> Am I wrong or is the very first sentence of this article factually incorrect?

You are wrong in the simplest sense, a little bit more wrong somewhat more deeply, and possibly even more wrong even more deeply.

> I understand that Google accepted her resignation in the letter

First, you cannot resign with an completely unspecific effective date; a conditional statement that in should particular circumstances you would work with someone to set a final date is not a resignation. So there was no resignation to accept.

Second, even though characterizing it initially as accepting her resignation, Google in the termination notice then immediately turned around and identified that she was being terminated immediately for conduct separate from the resignation.

Thirdly, the fundamental dispute leading up to the whole “resignation/firing” end game was conduct that, from the descriptions throughout Google AI that have come out in response to the management story, is quite arguably the kind of targeted campaign of hostile treatment that defines constructive termination, which would make even an explicit resignation at the end still a firing for many legal purposes.

1 comments

> First, you cannot resign with an completely unspecific effective date; a conditional statement that in should particular circumstances you would work with someone to set a final date is not a resignation. So there was no resignation to accept.

Would you share some information on where this comes from. It sounds pretty authoritative. I’ve worked with people who said “I quit” and walked out. It seemed to succeed as they never came back. Could they come back the next day and say “well I didn’t specify a date therefore my resignation wasn’t valid?”

I’m not familiar with labor law, but I thought that resignation was a loose term that could fit many patterns.

This definition from feeling lucky on google [0] just says it’s the formal notice of voluntary termination and there are no laws governing resignations.

But it sounds like you have more info on this and I’d like to learn more about this.

[0] https://definitions.uslegal.com/r/resignation/

> I’ve worked with people who said “I quit” and walked out. It seemed to succeed as they never came back.

There's a pretty big difference between “I quit” (a simple immediate present tense statement) and “I will work with you on setting a non-disruptive end date” (a statement of future intent to set an as-yet-unspecified end-date.)

Here's some (Texas-specific, but broadly similar considerations apply in other US jurisdictions) relevant information:

https://www.twc.texas.gov/news/efte/types_of_work_separation...

> I’m not familiar with labor law, but I thought that resignation was a loose term that could fit many patterns.

There are many patterns of resignation, and many patterns of firing, but the difference between resignation and firing has important legal effect and is frequently disputed, and thus regulators and courts have developed rules for determining which actually applies in a particular case.

...And that's before even getting into the deeper constructive dismissal issue.

https://en.m.wikipedia.org/wiki/Constructive_dismissal

That link seems to be about the employer trying to keep the employee.

Bringing up constructive dismissal seems irrelevant.

I understand there are differences but there seems to be no legal requirement that’s clear to at least both of us.

I think the only way we’ll have a clear determination is if she files for unemployment and either is approved or denied by the state.

But it seems saying unequivocally that she was fired isn’t clear or accurate with more info.