Calvin Associates, Inc.

post »The Resignation Trap: Avoiding Unwanted Consequences When an Employee Resigns 11-2-16

November 07 2016, 7:18 pm

http://www.jdsupra.com/legalnews/the-resignation-trap-avoiding-unwanted-65915/

Bruce’s Summary: Assumptions are amazing, we all have them and usually, more times than not, they may not be correct because enough information may not have been collected prior to a person’s termination. The author uses a very interesting term for HR Professions to add to their check list, “snapping up” resignations. We’ve all had it happen at some point in our careers, someone says I’m done, we didn’t clarify what that meant to the person and followed the termination process and the employee later through a governmental agency and/or their attorney says they didn’t mean it. Usually there are several issues raised but the key one is usually about Constructive Discharge and usually a few other things the employee forgot to tell us but somehow told others in the organization that may or may not have a material effect in reference to their separation. The author gives examples to consider prior to finalizing what may have been recognized as the person’s resignation. When I have had someone upset want to end it immediately, I’ve always requested the person sleep on it and give me something in writing the next morning. For the organization, this also is a defense to showing a good faith effort in allowing a “cooling off period.” As is understood, each situation is unique and should be handled as such and truthfully this hasn’t always made our management counterparts overly happy having to wait for the resignation, when we could have “snapped it up” so quickly. However, as said before, if we are working on developing and building solid partnerships with our management counterparts, this would have been discussed and understood by everyone affected prior to any emotionally charged meeting with an employee. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” www.calvin-associates.com