Everyone has heard the saying "Make sure you get it in writing." This isn't a legal requirement, but a recent employment case shows that it is good advice.

An executive for medical device manufacturer Teleflex decided that an employee had resigned after a heated exchange. As it turns out, the subordinate--a woman in her late sixties who was working for Teleflex after the company acquired two medical device suppliers that she had founded years earlier--had a different understanding. In her view, she had an argument with the younger, male executive, during which she asked him if he wanted her to resign, and she walked away in anger when he suggested that she might want to think about doing so.

Based on the male executive's representation, which itself was based in part on statements the plaintiff allegedly made to two younger, male co-workers, the company sent the plaintiff a letter "accepting" her resignation. Although a lower federal court found for the company, the U.S. Court of Appeals for the Third Circuit revived the plaintiff's claims.

Among other things, the Third Circuit cited the fact that the plaintiff never told her supervisor or anyone else above her in the chain of command that she was resigning.  Moreover, it said, she did not tender her resignation in writing, as she was required to do under her employment agreement with Teleflex.

While the company may yet prevail--the case has only been remanded for further proceedings--it surely could have avoided any confusion and litigation had it sought written confirmation that the employee in fact intended to resign before concluding that she had. 

Other recent EEO developments include:

• The Office of Federal Contract Compliance Programs rescinded two Bush-era pay discrimination guidance documents and replaced them with broader, more flexible investigation procedures.

• The Equal Employment Opportunity Commission received updates from senior agency staff regarding the strategic plan it adopted a year ago.

• A federal magistrate in Colorado sanctioned EEOC for needlessly delaying the Original Honeybaked Ham Co.'s efforts to discover social media information from employees who claim the company subjected them to sexual harassment and retaliation.

• The U.S. District Court for the Western District of Pennsylvania found that U.S. Steel Corp.'s policy of conducting random breath alcohol tests on probationary employees who hold safety-sensitive jobs does not violate the Americans with Disabilities Act.