Resigning but Wants to Keep Working
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What would you do if an employee who isn't performing up to par says he would rather resign than be put on a performance improvement plan but he wants to keep working while he looks for another job?
Read [I]Michigan Employment Law Letter[/I] attorney editor Susan Hartmus Hiser's Q&A on this subject at [url]http://hrhero.com/hl/articles/2010/05/13/when-an-employee-wants-to-resign-but-continue-working/[/url]
Read [I]Michigan Employment Law Letter[/I] attorney editor Susan Hartmus Hiser's Q&A on this subject at [url]http://hrhero.com/hl/articles/2010/05/13/when-an-employee-wants-to-resign-but-continue-working/[/url]
Comments
By allowing the employee to dodge the improvement plan and remain workind you are setting what I would believe to be a bad precedent.
Let's say this particular employee happens to be a white male and your next sub par employee is from a protected class and they also want to skip out on the performance improvement plan while they look for another job.
Not to mention you are essentially allowing an employee to continue working for you who has basically stated "I am not interested in improving my performance".
We use employee improvement plans as a part of our evaluation process and progressive discipline program, A refusal to agree to the improvement plan, in my opinion, would be equal to insubordination, and subject the employee to discharge.
I think I would accept the employee's resignation in face of termination, effective immediately.
Let's invent something new everybody -- "constructive resignation".