Employee Resigns/Employer asks for immediate dismissal

HRGuru100 · March 2004

We have an employee that has submitted their resignation and the employer would like immediate dismissal and not let the employee carry out their 1 week notice (they have provided the 1 week notice in accordance with the employment contract they signed). Do we have this right under Tennessee law?

Rockie · March 2004

If they have a contract, you would probably have to honor the terms of the contract, which would mean paying them if you wanted them to leave immediately.

System · March 2004

If you don't want the employee to stay on for that final week, then graciously let him/her off, but pay them. You would have to pay them anyway, so it's not a budget concern. Just do what's best for the company.

Dasher · March 2004

I agree wholeheartedly with s moll on this one. It is so important to not have last minute drama in these instances. We sometimes do not allow employees to complete their employment terms when they resign and for various reasons (including possible sabotage, negativity, and waste of co-workers time). We always payout the difference, however. That way we avoid even the appearance of unfairness.

marc · March 2004

Plus, if you shorten the terms of a resignation, it becomes a termination and you are then on the hook for unemployment claims.

swbpr · March 2004

We had this situation this week!

An employee gave 3 weeks notice. One week into the 3 weeks he was coming in late, not carrying out supervisor's requests and called in Friday saying he had something to check on and could not come in. Management requested he come in anyway to take care of several things that were pending, and he refused.

Monday morning he was told that his services were no longer needed. The reason: Insubordination to immediate Supervisor and poor execution of job responsibilities after giving 3 week notice that he was going to work for XXXXXX. I hope we're covered for unemployment on this one. All incidents are documented.

RLCD · March 2004

We also had this situation this week. Late last week, an employee turned in two week notice, he hasn't shown up since. He was scheduled to work, but never came in. Yesterday, I got the paper saying he filed for unemployment.x:o Turns out he went and filed the same day that he turned in his two weeks notice. He listed his last day worked as two days before he turned in his notice. Of course, we are fighting it.

Employee Resigns/Employer asks for immediate dismissal

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