HELP! EMPLOYEE SAYS HE'S QUITTING- WHEN HE'S READY

System · May 2003

My boss wants me to fire someone "today". This ee went to his manager (who happens to be my boss)and said that he wasn't happy in his job..needed to do something else..wasn't quitting yet..but he was going to quit. Said he'd be gone tomorrow on an interview and would miss some more days for the same purpose (he has no vacation time available)..would be docked for the time.

He told his boss that he needed to be laid off..and we "better not" fire him.

We'd like to consider this a verbal voluntary resignation (though he gave no date) and let him go. I realize he may qualify for unemployment benefits.

What would all you "gurus" do??
Thanks

Crout · May 2003

If you fire him he will probably be able to collect UC benefits since nothing he did constituted willful misconduct. Can he just take time off that he doesn't have? Check your time off policy. If he has to request time off you can tell him that his request is denied. If he doesn't show up for work you can use your discipline policy. If at least three days goes by and he still hasn't shown up I would call him and find out his intentions. Tell him that not showing up is considered job abandonment.

LindaS · May 2003

I agree with Crout - since this ee doesn't have any paid time off available, explain to him, VERY calmly that his request for time off has been denied. If he doesn't show up for work tomorrow, utilize your attendance policy. If you are an "at will" state you can always terminate him without having to wait but I always feel it is best to follow your policies. Regardless, he will probably be awarded unemployment.

sonny · May 2003

I agree with the above and would not interpret this to be a verbal resignation, though I would consider the "better not" to be a threat and be sure to document the entire conversation. Deny his request, in writing, and when he doesn't show. . around here. . he would be on unauthorized leave and subject to the disciplinary process.

Nick Ogden · May 2003

Our attendance policy states that if an employee does not come to work for 3 consecutive days or call in to let us know of an illness, it is considered a voluntary resignation. I've used the "tool" many times and have never had to pay Unemployment Comp".

valentine · May 2003

Nick

What state are you in? We have the same policy and I've never been able to get away with not paying UE in Massachusetts.

HRsage · May 2003

Valentine, we have the same policy here and it works for us most of the time. And I'm in CA. Only once I had to go to a hearing and explain our policy and show that the ee knew of the policy and we won the hearing.

mrbill · May 2003

My recommendation is that you sit the ee down when he returns to work, and inform him that you are accepting his resignation, even though it is open-ended, pay him two weeks, and thanks for the memories. If you kept him working, you would receive little value from his work.

Ruskanen · May 2003

Could this employee cause trouble if you let him stay on? Paying unemployment could be cheaper in the long run if this employee would wreak havoc in the worksite.

KHelgeson · May 2003

Or, conveniently is involved in a work comp injury. I would first ask myself how long I want to deal with the employee and in what forum.

mbeam · May 2003

Would also recommend looking at the employee's work history. Has he been productive, how long with the company, was there something that triggered this conversation, does he feel stuck in a job going nowhere?

If this individual hasn't been around long, has a history of griping and mediocre performance then would agree with following the path of disciplinary process starting with next absences.

WOCO Frank · May 2003

Had a very similar situation come up Friday. I got a call from a worried manager, and went to talk to the employee. She basically told me the same thing - is looking, has a few offers she's considering, and as soon as she gets the one she really wants, she'll be gone with no notice.

I terminated her on the spot. The no notice part drove me over the edge. I'll take my chances in unemployment.

Pork · May 2003

WOCO: NOW HERE IS AN HR WILLING TO STEP UP TO THE PLATE AND HIT THE OLD HR "ATTENDANCE" POLICY BALL OUT OF THE PARK FOR A HOME RUN.

MY CONCERN IS VERY MUCH THE SAME AS ALWAYS! iF THE EMPLOYEE WORKED FOR THE HR, THEN YOUR USE OF THE "I" WORD IS APPROPRIATE. IF NOT, THEN YOUR ROLE AS "TERMINATOR" IS SET IN THE WRONG PLACE, AND I HIGHLY RECOMMEND YOU GET OUT OF THE ROLE OF DISMISSING ANY ONE FROM THE SERVICE OF YOUR COMPANY! YOUR CASE IS AN OPERATIONAL MANAGER'S ISSUE, WITH OF COURSE YOUR SUPPORT, BUT YOU SHOULD NOT EVER "TELL THE EMPLOYEE TO HIT THE ROAD, JACK, AND DON'T COME BACK"! PORK

System · May 2003

WOCO...

WHAT REASON WILL YOU SHOW FOR TERMINATION?...OR ARE YOU GOING TO CLAIM RESIGNATION..??
THKS

WOCO Frank · May 2003

It's very rare when I personally terminate an employee - maybe a half dozen in the last 3-4 years. This case was the least clear-cut of the bunch - others had included theft, gross discourtesy to customers, etc. One of my favorites was the cashier who agreed with a customer that our prices were too high and suggested that the customer might try "Store X", where the employee shopped. The cashier had been with us for 3 years. :P I terminated another employee on the spot when he asked me to give him a heads up if we got any inquiries from child support enforcement, because if he got a garnishment he was going to leave the state. I guess he figured since I was a man, I would understand his position. He didn't realize that I was also the son of a "deadbeat dad".

In the situation where I termed the girl for announcing that she was actively looking, this particular employee's performance was substandard. Under normal circumstances, we would have continued the "progressive discipline" route. On her termination, I simply put that I felt her ongoing job search demonstrated a lack of motivation to meet standards, and that by making that job search rather public she was creating teamwork and morale issues in her store. Last week the deputy performing the initial unemployment determination agreed with me.

HRPeg · May 2003

Absolutely (have the manager) let him know that his requests for time off are denied. Let him know that if he misses work and does not have any PTO to cover the absences that he will be terminated. Make him sign such a statement. In the same conversation, tell him that if he wants to turn in a written resignation, that it will be accepted. If he does, pay him for his 2 weeks and wish him well.

How many people heard the conversation? If you do term, witnesses will help in the unemployment hearing.

Mentel · May 2003

We would definitely terminate the employee and give two weeks severance in lieu of notice. This attitude would kill morale. Sometimes it is worth the unemployment comp just to get rid of someone like this.

HELP! EMPLOYEE SAYS HE'S QUITTING- WHEN HE'S READY

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