Resignations

Not wrongful discharge: ‘You can’t fire me, I quit!’

05/31/2013

Good news: A court has cut off one path to a wrongful discharge case in North Carolina. While courts have allowed claims of wrongful discharge in violation of public policy, such lawsuits actually require that the employer fire the employee rather than merely threaten to do so.

Injured worker? Contest unemployment if worker quits before giving you a chance to help

05/06/2013

Here’s some good news: As long as you are willing to accommodate an employee’s medical condition, you won’t face liability for unemployment compensation if she quits. And the employee has to tell you she needs that accommodation. If she just quits, she won’t be eligible.

When considering pay cuts, weigh the risk of being on the hook for unemployment benefits

04/11/2013

Sometimes, employees quit in a huff over a pay dispute and then try to collect unemployment compensation benefits. They may argue that a pay cut justified their resignation. But unless the reduction is substantial—usually greater than 20% of previous pay—the resignation wouldn’t be justified.

Get resignation in writing before accepting it

03/29/2013

When employees quit, always ask them for a written resignation.

Little incidents can become harassment over time

03/12/2013

Respond ASAP with swift discipline the first time someone levels sexual or anti-female taunts at an employee. Otherwise, the problem will grow. You may not realize something is wrong until the victim quits and sues.

Employee complains and then quits? Investigate anyway, to prove what happened

03/07/2013

When you get a discrimination or harassment complaint, it’s essential to launch an immediate investigation. If the employee quits, continue the investigation. That way, in case of a lawsuit, you can show the court you took the complaint seriously.

Conditions intolerable? Employee may quit and sue

02/07/2013

An employee who works in outrageous conditions can sometimes quit, claiming she had no choice, and then sue for her “discharge.” However, most of those suits don’t get very far.

Nonprofit unemployment plan doesn’t change eligibility

01/11/2013

Some nonprofit Minnesota employers can opt into an alternative unemployment compensation plan that allows skipping quarterly unemployment taxes in exchange for reimbursing the state for any benefits paid. Good news for those employers: The alternative plan doesn’t affect unemployment eligibility.

Give employee time to weigh severance offer

01/09/2013

If you want to offer a severance package to an employee in exchange for giving up the right to contest a discharge, give him plenty of time to consider the offer. If you don’t, the signed deal may not be final.

Handbooks: 5 simple steps for preserving at-will status

12/07/2012

The easiest way to make sure employees understand that they are employed on an at-will basis is to place disclaimers throughout your employee handbook. Five key elements will help those disclaimers stand up in court if an employee ever mounts a legal challenge to at-will employment.