RESIGNATIONS

Unemployment: Track complaints that led to quitting

12/08/2014

You need clear lines of communication so employees can complain about workplace problems. That can protect you if an employee quits because of alleged harassment and then applies for unemployment benefits. He won’t be eligible if he never gives you a chance to fix the problem. Not using the company complaint process pretty much means the em­­ployee didn’t give his employer a chance, blocking benefits.

Quitting in anticipation of being fired bars benefits

12/08/2014
An employee who quits because he thinks he may be fired isn’t usually eligible for unemployment benefits. If there was still work available, quitting would have been unreasonable.

Getting the most out of exit interviews

11/24/2014
A team member’s departure offers a valuable opportunity to see how well the team is working and what might be done to improve conditions for future employees. Here are some guidelines to follow to get the most out of this conversation.

Separation agreements: Use arbitration agreements instead of claims releases?

07/15/2014
Q. We have seen that some companies are requiring their employees to agree to arbitration rather than a release of claims in their separation agreements. Is this an alternative worth exploring?

Watch out! EEOC takes aim at separation agreements

07/15/2014
To stay out of the cross-hairs, review your separation agreements and revise any language that could be seen as too broad.

Voluntarily quitting, retiring generally blocks litigation

07/02/2014
Offering the option to resign or retire instead of facing an investigation into alleged wrongdoing doesn’t always block a later lawsuit if the employee accepts—but it usually does. Be prepared to show the resignation or retirement was truly voluntary.

'Resign or be fired': Humane offer or a risky ultimatum?

07/02/2014
Presenting an employee the option to resign or get fired may fall under the no-good-deed-goes-unpunished category. As a new ruling shows, such ultimatums might ultimately give you ulcers in court.

'Resign or be fired': Humane offer or a risky ultimatum?

03/24/2014

Have you ever presented an em­­ployee the option to resign or get fired? Doing so today just may fall under the no-good-deed-goes-unpunished category. As this new ruling shows, such ultimatums might ultimately give you ulcers in court under the “ultimatum theory” of liability ...

Must we hand over final paycheck, or is it OK to put it in the mail?

02/26/2014
Q. One of our employees is resigning at the end of the month. Can we mail her final paycheck?

Simple personality clash is no reason to quit

02/19/2014
Employees can sometimes receive unemployment benefits even if they quit, but they must have good cause. Mere dissatisfaction doesn’t count.

Can we fire worker who gave notice and promptly started slacking off?

02/05/2014
Q. One of our employees gave us a two-week notice because he found another job. However, now the employee is unmotivated and not focused on his work. Can we let him go before the two-week period is up?

Fire at Will Doctrine

01/19/2014

HR Law 101: Under the law in most states, if there’s no employment contract, workers are employed on an “at-will” basis. That means employers have the right to fire employees at any time for any reason or no reason, and, conversely, employees have the right to leave the organization at any time ...

Constructive Discharge

01/17/2014

HR Law 101: Some supervisors try to skirt the whole issue of firing someone by resorting to constructive discharge. Their logic: If we make an employee’s time at work so intolerable, he or she will choose to resign. That’s an unwise strategy ...

Coatesville superintendent, AD resign over racist texts

11/27/2013
The Coatesville Area School District superintendent and athletic director have both resigned after bigoted text messages between the two came to light when a technician transferred their data to new employer-provided phones.

Save money upon termination by including 'use it or lose it' leave policy in handbook

10/30/2013
Here’s another reason your hand­­book must include clear, concise and specific explanations of vacation and other leave policies: By carefully explaining that em­­ployees who quit forfeit unused leave, you won’t have to pay them for that un­­used time under the North Caro­­lina Wage and Hour Act.
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