Resignation Depression

LisaMN

Problem for the day.

We have a problem manager who resigned last week. Appropriately done, nice letter, 4 weeks notice. Resignation accepted. Happiness abounds

This manager came in this morning and notified her supervisor that she had been diagnosed with clinical depression in January 2004 and wishes to rescind her resignation.

Ordinarily we would, of course, start the interactive process called for by the ADA. But, my gut says that since she had resigned prior to the notification we are not obligated. I've contacted the employment lawyer and am waiting for a reply.

I thought this might be an interesting scenario to share with hr gurus. Any thoughts are appreciated.

sonny

I agree with your gut. I would let the resignation stand, barring other advice from counsel. i'd like to know what your lawyer says.

Don D

We would say, "Your resignation was accepted." Some companies and public agencies will write or stamp accepted on the resignation letter and return a copy to the resigning employee. I never knew why. Maybe this is why.

Hatchetman

Check your state case law if there is nothing in your state's employment laws regarding voluntary resignations.

I recall several years ago -- many,many -- we had in California appellate and State Supreme Court rulings that basiclaly held that if an employee submitted a voluntary reisgnation, and then rescinded it before the effective date and the employer hadn't acted upon it (e.g., started to hire a replacement for example), the employee had a "right" to rescind.

No, I'm not saying that's a good way of handling it or that your state case law would hold that way too (I said "California"). All I'm saying is that make sure that it doesn't or that there isn't some applicable court rulings that may put the burden on the employer to rescind the voluntary resignation in this type of situation.

You want to be prepared if the matter goes to your state's anti-dicrimination agency or EEOC on a claim that you should have rescinded the voluntary reigsnation since the employer hadn't acted upon it and the only reason you didn't rescind was that she was disabled.

marc

Plus, I remember a case the jist of which involved a long-term EE who suddenly changed his behavior for the worse, got written up a few times for performance related issues, and was terminated. It was later determined he was suffering from depression. At the end of the lawsuits and appeals, it was decided that the change in behavior was something the employer was aware of and it should have triggered a process to determine what was up with the EE. End result, EE won.

Point is, were there any radical behavioral changes that would have put you in a "should have known" situation?