Conduct legally smart exit interviews

Knowing why employees leave is crucial to finding the cause for turnover. Exit interviews can be a great tool to obtain that feedback. However, take care to minimize legal liability during those meetings.

The 5-step plan for handling an employee's 2-weeks' notice

For a smooth exit that’s favorable to both employee and employer, follow these steps for any departure.

Resignation without explanation? That means no unemployment benefits

Employees who quit their jobs for a compelling reason but who don’t give their employers a chance to fix the problem aren’t eligible for unemployment compensation benefits.

'Resign or be fired' may be the riskiest offer

Have you ever presented an employee the option to resign or get fired? Maybe you believed you were helping the employee to graciously exit the workplace without the embarrassment of a termination.

Employee quit? Record of conversation can save you if he files for unemployment


Employees who quit aren’t eligible for unemployment compensation in Ohio. Yet the same employee who impetuously announces he’s had enough and won’t be back just might file for benefits anyway ...

Employee gave two weeks' notice--can we just terminate him right away?

Q. An employee has recently provided two weeks’ notice of his intent to resign. Can I tell the worker that he or she is not needed for the two weeks and avoid paying him for that time?

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?
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