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termination of an employee
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termination of an employee
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If an employee states in an HR conversation that he/she will have to resign and the HR person states that it is not confirmed until a written resignation is on her desk, and the employee never puts it
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Forums » Topic Forums » Legal Forum » termination of an employee
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termination of an employee
posted at 12/24/2003 4:34 AM EST
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Posts: 3
First: 12/24/2003 Last: 12/30/2003 |
If an employee states in an HR conversation that he/she will have to resign and the HR person states that it is not confirmed until a written resignation is on her desk, and the employee never puts it in writing and is subsequently let go 2 weeks later holding he/she to a verbal resignation is that actually legal? Or could that be taken as bing fired? thanks |
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termination of an employee
posted at 12/24/2003 7:40 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Boy that is one heck of a run on sentence! My guess is that the answer depends on the state you live in.
The problem you are going to have is that you say you let the person go. In many states that is involuntary termination and therefore eligible for unemployment insurance. I would have stated that we have accepted your verbal resignation and I would have put that in writing to the person immediately after the conversation took place. This would have put them on notice. Just because someone says "they will have to resign" doesn't make it a fact until they actaually do so. Maybe the person meant 6 months in the future. |
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termination of an employee
posted at 12/30/2003 8:29 AM EST
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Posts: 824
First: 7/10/2002 Last: 9/1/2004 |
I can see reasonable arguments being made either way here, at least based on the sketchy outline of the events you've provided. If actually litigated in court, there is at least some chance that the court would put the question (did the employer fire the employee, or had she already quit?)to the jury for a determination.
As the previous response points out, "[t}he problem you are going to have is that you say you let the person go." This suggests (although arguably not conclusively) that you believed the person was still an employee, even though the employee arguably resigned two weeks earlier. A significant fact, it seems to me, is whether or not the employee actually worked during those two weeks. If s/he did not work, the employer's argument that s/he had already quit (which, I think we can all agree, is something the 13th Amendment allows) is enhanced. It is hard to fire someone who has already quit! |
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termination of an employee
posted at 12/30/2003 8:59 AM EST
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Posts: 3
First: 12/24/2003 Last: 12/30/2003 |
The person in question asked for a formal investigation of her supervisor(a simuliar complaint was made against this supervisor less than 8 mo. ago)for hostile work enviornment/voiolent. HR investigated and found some things to be true however, made no changes. The employee in question stated if HR could give her any hope at all that something might be changed. Neither the HR supervisor nor the director attending this meeting gave any indication of hope. The employee then adivsed HR she would then have no other choice than to give notice. HR told this complaint that it would not be formal until it was in writing. The employee never gave that resignation. A week later, HR stated that the 12th (which would be two weeks) would be the last day for the employee to work. The employee was told she could leave and would be paid for that week.
She in turn left. Now she has applied for unemployment. |
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termination of an employee
posted at 12/30/2003 10:14 AM EST
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
Based on your account of the incident, it's a little muddy concerning whether or not the employee was verbally offering to resign. By specifying that, for whatever reason, the resignation had to be in writing, a good case could be made that the employee didn't actually resign since nothing was ever presented in writing to accomplish that act per the employer's instructions.
I think the better case here is that the employee was fired. And, tenuous as it might seem, there could also be a case made that the termination was in retaliation for complaining about a hostile work environment. If that hostile work environment had some basis in fact (which you state there was) and if that hostility were based on a protected characteristic, then you might have a much MUCH bigger problem than simply an unemployment claim. I think you might want to find a good employment lawyer with whom you can review the facts of this particular situation. In the meanwhile, consider not contesting the unemployment claim. Oftentimes a discharged employee who wins a UI appeal connects the dots between winning an administrative proceeding and the possibility of winning the bonus round in court with big dollars in prize money. |
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