What to do when an employee quits without notice

Though you can’t control the actions of the employee or force him to stay in a job, you can mitigate the aftermath with a few smart steps.

Employee quitting for medical reasons? Consider offering accommodation


Employees who quit their jobs for “necessitous and compelling” reasons may still be eligible for unemployment compensation benefits. Quitting because of medical problems sometimes qualifies. That’s why employers should consider offering accommodations if an employee says he needs to quit for medical reasons. An accommodation offer may mean there’s no “necessitous and compelling” reason to quit.

Lawsuit repellent: Promotion, praise, pay raise

Employers that praise employees for a job well done and provide pay increases along with promotions rarely lose so-called constructive discharge lawsuits. That’s because an employee who has been praised and rewarded will have a tough time claiming her working conditions were so onerous that she had to quit.

Settlement deal required resignation? No unemployment benefits for former employee


Workers whose employers make it unbearable to come to work are still eligible for unemployment compensation. That’s called constructive discharge. But what about an employee who files an EEOC complaint alleging unbearable working conditions and then settles the case for a lump-sum payment in exchange for resigning? According to a recent Minnesota decision, that’s a voluntary resignation, blocking benefits.

Fire at Will Doctrine


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 ...

Unemployment: Track complaints that led to quitting


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

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

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?

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

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

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?

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?


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?

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

Employees can sometimes receive unemployment benefits even if they quit, but they must have good cause. Mere dissatisfaction doesn’t count.
1 2 3 4 ..........21 22 Next