employee resignation

izem

One of our employees gave us two weeks' written notice that she was resigning. Since she is the assistant to a manager and the manager will be on vacation during the entire second week of the employee's "notice," there is really no reason for her to stay. We have opted to let her go after the first week of her two weeks' notice, and she has agreed.

Now she is demanding a letter stating that even though she had given notice, she was told to leave a week sooner than she had specified in her letter of resignation. We explained that as an at-will employer, we can ask anyone to leave at any time, but she insists that we produce a letter that "proves" it was not her choice to leave on the date we agreed to.

When asked what she wanted this letter for, she said, "I want prooof that I did not abandon my post."

What IS she talking about? We do not think giving her a written response to her letter of resignation is a good thing, what do you think?

Whatever

I think she is talking about unemployment insurance - depending on what the law is in your state. When you asked her to leave a week early, did you pay her for the week?

HRsage

Tell her that her written notice of resignation is proof that she didn't abandon her post, and that it will remain in your records. She doesn't need anything else. But it might depend on your state law. Just my thoughts. Also, I'd only pay her for the second week only if you require a two week notice.

Don D

I wouldn't produce the letter for her, but, another angle could be that 3 years down the road when she lists dates of employment on some application and you provide a employment verification, the two of you will likely be one week apart. Not that will be an important 'gap' but she may be over-obsessing about that sort of thing too. Probably she was spooked by her husband or male friend who has gotten tripped up with this sort of thing.

scottorr

We give a letter of seperation even if the person resigns. We include it as part of the required COBRA notifcation. The letter starts "It is with regret that we accept your letter of resignation. Your last day of employment will be .... as we mutually agreed upon". I know that the term letter is not required but I don't see a lot of harm in providing one either.

hunterchev

Could I get acopy of this letter. It sounds like a great idea. Thanks!

ray a

I think the UI angle may be important here. I learned the hard way in NY that if you let someone go before their 2 week notice is up and don't pay them for the full 2 weeks, they are eligible for UI. She may be trying to set herself up to collect UI.

Don D

You are right Ray. And in MS, in that scenario, if you let the person go early and don't pay them and the other job does not materialize they will draw for 26 weeks. Paying them for the period of notice is ultimately the best route to go.

On Scott's form letter, I would remove the words 'it is with regret'. More times than not, that is not a true statement.

ray a

I agree with Don on the "I regret" part (getting scary, Don). A few years ago my boss accused me (tongue in cheek) of lying when I said that because he knew I didn't mean it.

Rockie

Since we are talking unemployment here, if a person's hours are cut back due to finances of the company...say they were cut from 40 to 20 hours, would they be eligible for "partial" unemployment? Or is this state specific?

This is one thing I haven't ever run across before.

Thanks

HRsage

In CA they would get UI in most cases. But then in CA ee's get just about anything. I get UI claims all the time from part-timers. It's probably state specific though.

ray a

NY has a workshare program that allows ee's to collect partial benefits when the company reduces their hours. But, the company has to apply for the benefit and be approved - there are administrative restrictions.

Don D

In MS they might. It depends on what the resulting weekly wage comes out to be. But, in most cases, if the job pays halfway decent, even the half pay will result in a figure which will disallow the claim. i.e., they would have still earned too much that week to qualify. Now, if they quit because the job was cut back or materially altered, causing them hardship, they would probably have a successful claim. The referree/officer here would probably conclude that the employer forced him to quit or that the man had a reasonable reason for leaving the job. No Rockie, you cannot float these trial balloons around in hopes that your boss will give you a part time job and still draw UI while shopping in the afternoons.

ray a

We had a top level executive leave our employ going to work for a competitor for what I'm sure was a 6 figure salary. His new employer has had some hard times in the past year and have been on 3 or 4 day work weeks several times. This executive is collecting partial UI and we are paying it.

Oh well, I stole some of the competitors top production employees, so this is payback.

safety

Don't send a letter but pay her for the second week.