Legal Q&A
Q
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I would like to claim damages for unauthorized resignation. A few days ago, a subordinate resigned without authorization and without a word. As it happens, that employee was in charge of a large project, so the company is now in an uproar. Moreover, the computer is locked, and we cannot even unlock it. If I claim damages for unauthorized resignation, can I recover as much as the harm suffered?
damages
damages for unauthorized resignation
Answer
Published:
Author : Kuk Il KIM
I confirm that you have inquired about a claim for damages for unauthorized resignation.
When an employee resigns without authorization, damages can be claimed.
In particular, damages can be claimed when harm arises from the interruption of the work or project the employee was in charge of or when the employee violates obligations specified in the employment contract.
First of all, please check the employment contract concluded with the employee and confirm the provisions regarding the resignation procedure and notice of resignation.
This is because, if the employee violated the procedures specified in the contract, damages can be claimed on that basis.
In addition, to claim damages, you must prove the actual harm caused by the unauthorized resignation.
If there are specific documents or evidence that can prove this, a claim for damages is possible.
The amount of damages is calculated based on the economic loss that actually occurred, and the employee must compensate for the direct harm caused by the resignation.
Because legal procedures and the collection of evidence are important for a claim for damages arising from unauthorized resignation, it is advisable to obtain the help of a legal expert.
This is because it is usually difficult to view the resignation of a single employee as having caused enormous harm to the company, and for this reason there are many cases in which liability for damages is not recognized.
However, an attorney can help the claim for damages proceed smoothly and prepare the necessary evidence and legal strategy.
Therefore, it is wise to obtain the help of a civil attorney for a claim for damages for unauthorized resignation.

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