KemLaw

If you’re an employer, you have undoubtedly had an employee announce their intention to leave your employment.  It goes with the territory.

How you handle these moments is important – mistakes can be costly.

So, let’s look at a few scenarios…

Employee fails to commit to a firm separation date

If an employee walks into your office and tells you he or she is leaving, you have the right to plan for a smooth transition.  That means you have the right to set an employment end date.

You decide to send them home the day they tell you they are leaving

Do you have a right to send a staffer home the day they inform you of their intent to leave your employment?

Yup.

But… it’s generally a good idea to pay them two weeks of severance pay as well.  Why? In many cases, employee handbooks state that employees must give two weeks’ notice when leaving your employment.   Sending them home immediately on their giving notice and failing to pay them two weeks’ severance turns a resignation into a discharge and may result in your employee being able to make an expensive claim for unemployment compensation.  Such an action may also result in a wrongful termination claim against you.

May I ask for their resignation in writing?

Absolutely.  Getting their notice in writing prevents an employee from playing games and reneging on their intention to leave.

What to do when an employee changes their mind about quitting

Can an employee change his or her mind?

Sure.  But that doesn’t mean you have to accept them back.  If you have posted the opening, interviewed candidates, begun reassigning work – then you have a right to say “no thank you.”  In fact, if the employee that tendered their resignation is an underperformer – move quickly to post the job, interview others, and reassign the work.  Doing so will allow you to terminate the relationship without concern that you will face a wrongful termination claim.

If you’re an employer and have questions about labor and employment law, including rules around terminations and employee turnover, consider calling on the attorneys at Kainen, Escalera & McHale in Connecticut.  We do one thing and one thing only – we are an employer defense law firm – in fact, we are one of the largest employer defense law firms in the region.  What’s more, each of our attorneys has over 25 years of experience in employment and labor law matters and can provide your business with comprehensive legal counsel ranging from assistance with necessary preventive measures to trial advocacy.  Please call us if we can help you.

The information provided above is made available by Kainen, Escalera & McHale, P.C. for educational purposes only.  It is not intended to provide specific legal advice to your individual circumstances or legal questions. You acknowledge that neither your reading of, nor posting on, this site establishes an attorney-client relationship between you and our law firm, or any of our attorneys. This information should not be used as a substitute for seeking competent legal advice from a licensed professional attorney in your state nor is it provided for the specific purpose of soliciting your business on any particular matter. Readers of this information should not act upon anything communicated in it without seeking professional counsel.