At some point, Davis picked up Grievant at Dartmouth-Hitchcock Medical Center and took her to Central Vermont Hospital. Grievant called the Employer with her hospital address and asked that Blake's letter be sent to her there. Grievant received the letter on or about June 16, 1997. At issue is whether Grievant resigned from employment. The employer bears the burden of proving that the employee resigned.
Oral resignations can be valid and enforceable.
The Board has concluded, and the Vermont Supreme Court has concurred, that an employer is not precluded from accepting a resignation based on an employee's verbal representations and other actions, if that employee fails to resign in writing. Such representations and actions must clearly indicate, and demonstrate conclusively, that the employee has resigned. It is evident that Grievant seriously contemplated resignation. Grievant had been experiencing psychological and personal problems for several years and faced a personal crisis in May 1997, which resulted in her vacating her apartment and going to Canada to stay with her sister. Grievant spoke with a co-worker by telephone and told her that she was in Canada and planned to resign her position with the Employer.