He refuses to quit!

System

We have an general manager who has put 6+ years into the company who recently admitted that he is not feeling challenged, not enjoying his job, etc. He is very honest in saying that he WILL NOT quit because he needs the finacial security. In a nutshell, he wants to be fired so he has the option to collect unemployement. Co-inciding- we have recently changed operations due to low business levels- the retaurant is now only open for dinner and used to be lunch and dinner. To be blunt, we appreciate all this EE has put into our company and are trying to determine how to end employment in a manner best for us and for the EE. What do you think about reason for separation being due to layoff? The Assistant Manager will not be laid off and will step into the GM role. It is not likely that we will hire another AM. Can this qualify as a layoff rather than an unvoluntary termination?

dchr9203

I'd be careful. If you have a legitimate need to downsize the operation and would, in the normal course of business and decision making, elect to eliminate his position, then as a business decision you should. I wouldn't do it any other way, and I would make darn sure all my ducks were lined up.

System

You hit the nail on the head. The GM position is not being eliminated, but there is no need for a GM and AM anymore. The current GM would be let go and the AM would step up into the GM position. Additionally, there is a chance business demands will increase down the road and we will reopen for lunch, hense more hours available and a need for an AM position again.

marc

I would not let the unemployment portion of this situation change my decision. If that is all you are worried about, discharge him and let him collect the 6 months of unemployment.

POPEYE

Marc is absolutely right on. The damage this individual might cause with the attitude you described could end up costing you a whole lot more than absorbing the hit of unemployment.

Don D

Make careful notes relating to the conversation in which he indicated to you that he is unchallenged and, in effect, cannot perform as expected. Then send him on his way as a termination. Answer the UI questionnaire in a manner that tells the agency the man was released when he revealed to you that he would not or could not perform up to expectations. I know nothing about Montana UI law, but, in my state, that would seal his fate and he would not draw.

Even if he does draw UI, his absence is going to be a plus for the productivity of the business.