Can your resignation letter defeat your Colorado employment lawsuit?

It is common in many Colorado jobs for employees to submit a resignation letter when leaving a job–but what happens when you submit a resignation letter and then sue the employer? Many workers may be surprised to find out their resignation letter may cause problems for a lawsuit against an employer for wrongful termination, employment discrimination, unpaid wages, or other labor and employment law claims.

A resignation letter could also create problems for unemployment claims. Colorado workers should exercise caution when drafting a resignation letter to avoid complicating their lawsuits or unemployment claims. If you believe you may need to leave a job and sue your employer then you should talk to a Colorado employment lawyer before giving your employer any resignation letter to avoid these problems.

What is a resignation letter and why employees submit resignation letters

Resignation letters are at a minimum written notice to an employer of your intent to end the employment relationship. Often Colorado employers request two week notice of your intent to leave your job and for you to give notice in writing. Employers often promise to leave your status as eligible for rehire if you give this resignation letter. In some professions and some positions it is expected that you will include within a resignation letter niceties about the company and your colleagues. Other workers write these types of resignation letters because they think they should.

Generally, there is no duty for employees to notify an employer in Denver or other parts of Colorado of your intent to end the employment relationship. An employment contract may require notice or an employer might give you some specific benefit for writing notice; however, Colorado labor and employment law does not require you to do so. To the extent that you may have a duty to give notice or want to receive a promised benefit of giving notice, you certainly do not have a legal obligation to make your employer feel good on the way out the door.

How a resignation letter can cause problems for your federal or Colorado employment lawsuit

Let’s say you decide one day work conditions are so terrible you have no choice but to quit and then you sue the Colorado employer for wrongful termination or employment discrimination. Your lawsuit might seek relief under federal and Colorado employment law. You decide to give your employer a resignation letter that politely gives notice of your last day and thanks the employer for the opportunity and some other pleasantries. Let’s say it says you are leaving to pursue other opportunities. This is a very common resignation letter. The resignation letter does not mention the problems in the workplace or discrimination.

That resignation letter is a real problem for your lawsuit.

Your resignation letter tells a very different story of your job and the conditions that led to you quitting your job from what your lawsuit alleges. Your wrongful termination claim necessarily has to allege that the work conditions were so unbearable that you had to leave which effectively acted to termination your employment.

This is called constructive discharge.

If workplace conditions were so terrible then why did you say something so different in your resignation letter? Why did you resign at a later date and continue to endure the punishing conditions? If the job was so bad then why did you not mention that at all in your resignation letter? Why did you say you were leaving to pursue other opportunities and not because the workplace harassment was too much?

Certainly, you can argue that you sent the letter to be polite or because you did not want to force yourself into an awkward confrontation on the way out the door. Maybe a jury believes that; but maybe a jury thinks if you had the ability to pause and give consideration to politeness then maybe the workplace was not quite as bad as you allege.

Another issue the employer’s attorneys will undoubtedly raise is that you were blatantly dishonest in the resignation letter–or dishonest in filing your lawsuit. They cannot both be true. At best you have an uphill battle for your credibility. At worst you may lose your lawsuit at summary judgment before even reaching a jury.

Employers will use your resignation letter against you

Increasingly employers find new ways to use resignation letters against former employees. In the prior section we discussed how employers use them to defeat wrongful termination and other lawsuits.

For example, employers use them to enforce noncompete agreements and provisions allowing them to clawback hiring bonuses and other compensation.

You may also file for unemployment benefits on the basis that the workplace was untolerable and employers will use your resignation letter as proof you said something different from the allegations in your unemployment claim. Employers in Colorado will use any evidence that their disposal to their benefit. Giving an employer a resignation letter just adds to the available evidence they can use against you.

What should I put in a resignation letter?

If you are leaving a job on unpleasant terms then you should talk to a Denver employment lawyer if possible before leaving to get specific advice on how to quit your job. Generally if you are leaving a job for unpleasant reasons then you should give written notice of your departure but leave out any commentary about your job or the employer.

Simply write, “Please accept this as notice my last day of work will be X.” You may add your current contact information so the employer can send you a final W-2 or necessary documents. Generally your employer is not owed anything more. You do not need to thank them for the opportunity to work or hope to work with anybody in the future.

When facing poor work conditions or problems on the job you should talk to Colorado employment lawyers immediately about your job. Labor and employment law are complex areas of law and legal answers can turn on minute details and complicated legal analysis. Experienced employment lawyers can discuss your situation and give you an answer specific to your situation.