• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR LAW Weekly
  • The HR Weekly

Resignations

How to protect your company’s data when letting go of a remote employee

05/21/2020
An astounding 87% of employees take company data with them on their way out the door. How can businesses protect their data when laying off employees who are currently working from home? Your checklist should include the following steps after an employee gives notice.

Court refused to extend filing deadline

01/08/2020
Courts often give leeway to employees who try to represent themselves. However, except in unusual circumstances, that rarely extends to providing additional time to sue.

Mere threat of discipline is no reason to quit

11/30/2019
Employees who quit can still sue their employers just as if they had been fired for an unlawful reason—under very limited circumstances.

Talk it out to avert constructive discharge suit

06/04/2019
Workers can sometimes quit and sue, alleging they were “constructively discharged.” To win such a lawsuit, the former employee must show that a hypothetical reasonable employee would have felt just as compelled to quit had she experienced the same adverse working conditions.

Employees who resign aren’t usually eligible for unemployment compensation benefits

09/25/2018
Generally, an employee who voluntarily resigns is ineligible for unemployment compensation benefits. However, there are some exceptions.

Worker who quit wants old job back? Too bad

08/01/2018
Sometimes, workers quit without warning. Then, after cooling off, they may reconsider and ask to come back—in effect, “unresigning.” If you have already documented the original resignation, you don’t have to take the worker back and you generally won’t face liability for an adverse employment action.

So you discover an employee is job hunting—Now what?

07/01/2018
Say you’re searching an online résumé database and spot the résumé of one of your best employees. You wonder what to do with that new information. The answer: Tailor your approach to that employee, the reason he or she is searching and whether you actually want to retain the person …

Court: Reasonable fear of economic harm is enough to support constructive discharge claim

01/18/2018

Employees can’t quit and claim constructive discharge just because conditions at work became uncomfortable. But what level of discomfort is required?

Jury gets to decide: Did she quit or was she fired?

12/06/2017

Think an employee’s ultimatum a­­mounts to quitting in a huff? Maybe, maybe not­. If a dispute transforms into a lawsuit, it may be up to a judge or jury to determine if an em­­ployee really resigned or was just blow­­ing off steam.

‘Resign or be fired’: Humane offer or a risky ultimatum?

06/12/2017
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.