Employee Interviewing/Company Responsibility

OneBadWebMonkey

We have an employee who does her job well but has informed us that is she did not receive an immediate raise in pay that she would begin interviewing for a new position elsewhere. This has come to pass and she has now begun the interview process outside our company.

The reason that her rate in pay has not increased at the speed that she desired is due to her atrocious interpersonal relationship skills. I have addressed multiple complaints from her co-workers and have coached & mentored her several times to try to resolve the issues. Our V.P. has gone so far as to call her ‘poison’ to our office and I am forced to concur.

So here is my question: when an employee has informed us in writing that they will begin interviewing and have requested time off to do so, (she left after lunch today for an interview) what responsibility does an employer have in regards to holding their position?
1) Since she intends to leave, can we begin pulling projects off of her plate?
2) Can we begin the interview process to replace her?
3) If we hire and train a new person and she doesn’t acquire a new position elsewhere, can we give her a timeline in which she needs to vacate the company?

This situation is a little different so if anyone has experienced this or has an actual, written company policy covering this issue, it would be greatly appreciated.

Thanks!

Mark

LindaS

If she is not doing her job to your satisfaction, barring any employment contract, terminate her immediately. If she is "poison" as you say, getting her out of the environment before she can "poison" anyone else would be your best bet.

FYI - Whenever an employee comes to me and tells me, or any member of management, they they better receive a raise or they will begin looking elsewhere for a job, I inform them - politely of course - where the door is and remind them to not let it hit them in the a** on the way out.

marc

I would immediately begin recruiting her replacement. If you get that person before she gets her new job, then terminate her.

Paul in Cannon Beach

Think of it this way, Mark, if this ee gets hired by another organization, she will likely leave you as SOON as she can. If you are lucky, she will give you two weeks notice.

Can you afford to have her position remain vacant for a month or two while you search for her replacement? I'd start the search now.

Her letter isn't a resignation letter though so you need to get one from her. She won't want to give one until she finds a new job but you will want to make it clear that once you find her replacement, her position with the company will come to an end.

We went through a very similar situation last year and the lesson I learned was to get a letter of resignation. Don't let things drag on and don't let the ee set the timetable.

E Wart

I think you have 2 issues, but sounds to me that you have a "poor performer" who hasn't been placed on any disicplinary action track and has been allowed to continue with her poor performance. Now, you want to get rid of her, for what ever the reason might be.
If you don't want to have to go through the disciplinary action steps, just wait and hopefully she will quit. However, you may be waiting forever. How long are you going to wait until you see whether she gets the job or not before you address it??
Nothing prohibits you from begining the interviewing process. However, if you hire the new employee and she hasn't left, is that a good thing? Are you going to have her train the person?? I hope not!!
You must be getting along ok with her there when she isn't doing her job well, so I don't know why you couldn't get along without her for a few weeks while you find her replacement?
Personally, I would take it one step at a time. It won't hurt for you to begin the interview process. However, I would wait until she leaves to actually make the hire. If you find someone and she isn't gone, you may have to tell them that you are having to put off the hire temporarily and then address her job... by starting the disciplinary process. I bet she leaves soon if you do this.
Take it one day at a time. You won't fold if she isn't there.

E Wart

Rockie

Hi Mark!

I would not allow any employee to hold your organization "hostage" in this manner. I would inform the employee that due to the fact that she has essentially put you on notice that she is leaving when she secures another position, that you are beginning the recruitment process for her replacement so that you will not be left "holding the bag". We had a similar situation with an accounting employee who thought she was irreplaceable. She essentially told us she felt she was underpaid and was "looking". Our response was to immediately advertise her position in the newspaper and got numerous responses. She was shocked to say the least and we haven't heard anything else from her.

If your employee has poor interpersonal skills and she has been allowed to get away with it for a long time, she will think she can go somewhere else and act this way as well. She will probably be in for a rude awakening and will not last in a new position if she exhibits these characteristics.

Hopefully, for you, this person will find another position and leave. Your workplace will be much better for it.

We recently had two "poisionous" individuals leave our admin area. They constantly "fed" off each other and created all types of havoc. The result of their leaving is that we now have a very harmonious workplace and everyone is friendly,happy and able to get along. No one misses them at all. There are many positives to a person like this leaving an organization!!!

HRinNH

Rockie, very similar events have happened at my office. Two very 'poisonous' individuals have worked here for 15 and 23 years with the attitude that they can do no wrong (wrong enough to be let go that is).

Their attitudes have been negative continuously but mgmt has see it as character flaws and nothing will change them. Both of them have retired this year and the rest of us are breathing a big sigh of relief.

I've been recruiting for the 2nd one's replacement since last week and have settled on a pleasent, positive individual who should enhance the good attitudes of the remaining ees in our office. Things look much brighter already! 3 cheers!

Cheryl C.

Down_the_Middle

I would take the position that her "intent to leave/interview elsewhere" constitutes a verbal resignation. This has become more than trying to leverage you. She's committed to leave, asking for time-off, etc... The real question is whether or not you permit her to remain for the resignation notice period, or release her immediately with pay. The employer does not have to be held hostage by the threat to leave and be expected to continue its operations with no ability to plan for a successor. If you choose to terminate her early and pay her for some time, your state may view this as a discharge (for u/comp purposes), but you can assess the significance of this issue and decide whether or not it's ok. Good luck

ray a

If you were to terminate her employment right now, what reason would you give? Do you have a progressive disciplinary policy? If you terminated her employment immediately without following your disciplinary policy she could qualify for UI, depending on your state laws and their application.

I like E Wart's suggestions. Take it one step at a time, but do start recruiting for her replacement and don't try to hide it from her, make sure she knows you have no qualms about her leaving.

Irie

If she is leaving to interview and has no PTO remaining and is taking this as unpaid time I think you could discipline for attendance and terminate according to your policy. However, if the employee is using PTO then do as the others have said.

HCCADC

I have to say, I see a different side of this than what others have posted. If you are completely focusing on the fact that she is not doing her job and you have talked with her about this "poison" she is bringing-where is she in the disciplinary process? Have you warned her of termination?
On the other hand-if you are going to term her due to the fact that she is threatening to quit-will you do the same for any employee that threatens this? What does that do to morale in the company? All employees that look for new jobs will do it behind your back.
I understand your frustration-I've been there-however it will also affect your work environment and other employees.
I like the step-by-step process that E. Wart wrote.

Paul in Cannon Beach

This ee essentially demanded a raise in pay or threatened to quit like a spoiled child. I think the other employees will probably recognize that this individual is a rotten apple.

The only morale problems I could foresee would be if you allow her to stay and drag the organization down with her drama and negative interpersonal behavior.

Consider yourself lucky that she has given you an opportunity to move her on. Thats my opinion anyways.

lnelson

I would draft an acceptance of resignation letter stating she submitted her resignation to so and so on such and such date and the company has accepted her resignation.
I would also specifiy a time frame such as resign date of 7-15-06. Which allows her 1 month to find another job if she doesn't then the company can extend the date or term her. It would be at the companies discretion.

I would start looking for a replacement for her position immediately.

Paul in Cannon Beach

Are there any precedents or case law where a statement saying "I am going to interview for other jobs" can be construed as a verbal resignation?

I am not sure she has resigned yet.

OneBadWebMonkey

Thank you everyone for all of your responses. I appreciate all of the great feedback!

So check this out: I received a call at home this morning from the V.P. of Operations. He said that the woman in question confronted him in his office, (we have an open door policy) where she became verbally abusive.

An argument ensued in regards to her actions and she stormed out of the building while tending her verbal resignation for everyone in the office to hear.

Crazy stuff but my job just became a great deal easier with her walkout.

Thanks again everyone!

Mark

Paul in Cannon Beach

Congrats! I would definitely document that interaction and hope that is indeed the last time you have to deal with her.

My guess is you might have to go another round yet...

ray a

I've found that often in these situations the disgruntled ee makes our job easier by doing just as you describe.

marc

It might be prudent to send her a letter confirming your acceptance of her verbal resignation along with her final check. No confusion then.

Paul in Cannon Beach

Lets hope the VP of Operations didnt say anything careless like "Calm down little lady." or "You (insert minority group) always want special treatment!"

Paul in Cannon Beach

WebMonkey,

Just curious, what was the final result with this ee? Did she go away and stay away?