There is only two ways your employer can prove that you quit: Letter of resignation or the like The testimony of the person or persons that heard with their own ears you say, "I quit." To make you follow it they’d need to go to court to prove the restriction is reasonable. Of course, you can prepare to leave the company entirely when it is large or small. You thought the employee quit, but the employee thinks you fired him.

You do not sign any papers when you quit a job. Now, you’re in a frustrating legal debacle over whether you fired him or he quit. Start by explaining why you don’t think the restriction should apply. Your employer can’t restrain you from leaving the building, so there’s no chance of you being physically stopped if you were to pack up your personal belongings, walk out the door and not return. 3. You have no way to prove that you were fired. The employer can require taking a blood test to be able to continue employment meaning they can tell them to take … However, your job is to tell the truth and try to convince the EDD that such is not the case.

Your former employer can say anything and try to get away with it. employee can always quit. However, if you leave without serving the correct notice period, you're likely to be breaching your contract. So when you talk about the wife vs the husband. As an employer, this will likely involve a significant amount of your time, your money, and may impact the … It will be your word against the employers. Figure out if you have “just cause” to quit If you have quit your job and you want to get EI benefits, you must prove that you had no other reasonable choice except to quit your job. You might be able to persuade your old employer to ignore a restriction, or at least make it shorter. The employer can't force the employee to do anything. This is time-consuming and can be expensive, so they might prefer to compromise.