Well this case went all the way to an evidentiary hearing. The manager claimed that she was only thinking about quitting her position; she never formally resigned or told her superiors that she was quitting. The employer agreed that the manager never formally resigned or told her superiors that she was quitting. Well, the Judge ruled against my client stating that the act of taking her off the schedule amounted to a termination of her position.
So what can we learn from this? First, an employer’s actions (in this case, taking someone off the schedule) can be seen as a termination by the employer. Second, let the employee formally resign before you take any action (in this case, taking her off the schedule). And finally, get the resignation in writing so the employee cannot later say she did not resign.