Employee Walked Out

ScorpioHR

I had an employee leave this morning. Her last words after she clocked out were "I quit". Apparently, she was asked to do a specific task and when she balked, another employee said "oh, get off your high horse and do your job". I am guessing she did not like that! Next thing anyone knew she had clocked out, announced she was quitting and left. I have had a good number of phone calls this morning from ee's giving me "their version" of what happened"-Best I can tell, this woman was not highly thought of...oh my- I was not there and am getting everything 2nd, 3rd and 4th hand- I was going to send a letter to her home acknowledging that I received her "notice" (hehe)and we would mail her final paycheck. Her direct supervisor say's we owe her no letter. I would like it for her ee file. Any thoughts?

HRPager

I would send a letter. I would also send with the letter an Exit Interview or Voluntary Resignation form if you have one that others who resign fill out. I would do this so you have something to show for Unemployment Purposes.

mwild31

Document the incident, get signatures from the folks that were actually there, send her a letter VERY briefly outlining the incident and letting her know that her statement "I quit" is her notice. Do this, because she'll probably file for unemployment. She may get it, but at least in the appeal hearing with the judge, you can present your memo of the incident. You may not win, but you may. I did with a similar situation. On a side note, you, the supervisor and your policies will determine if you should bring her back or not. Good luck!

Parabeagle

I have had this occur before and I always document no-notice, voluntary quits. The letter doesn't have to be anything fancy, merely an acknowledgement that you have received her notice and outlining whatever steps you need to take in order to terminate the employment relationship (COBRA, final paycheck, etc.)

It will help you avoid George Costanza syndrome, as well.

rad

If you're going to send the letter, spend the two extra dollars and get it return receipted so you know she got it.

Down_the_Middle

In addition to sending it certified, you should also send a 2nd letter via 1st class mail. If the employee declines receipt of the letter, many Courts will permit you to argue that the letter was delivered via U.S Postal Service, 1st class mail. The employee's argument that "I never rec'vd notice" usually falls on deaf ears....

mwild31

[font size="1" color="#FF0000"]LAST EDITED ON 08-04-04 AT 02:31PM (CST)[/font][br][br]Can you guys help me out? Why would you want to send the letter certified & first-class for THIS situation? I'm probably a dunce, but it seems a bit over-the-top to me. Can you edjumacate me? x:-)

DeidreFR5

The employee can not pickup the certified and then claim they did not receive it. It is then sent back to you, providing they did not receive it. If you also send a first class and do not receive it back, you can state so. I use a Certificate of Mailing (PF3817) for the first class letters ($.90). This is stamped by the post office stating when it was mailed and to what address. This proves it was actually sent; receiving it is their problem.

rad

Why not? For under three dollars and the paper its written on, what can it hurt? You never know what she may decide to say in an unemployment hearing and this covers the bases. She can refuse to sign for a certified letter but, as far as I know, can't refuse delivery of regular mail.

Whirlwind

I agree with down-the-middle, and just did the same thing when mailing termination papers to an ee who basically abandoned the job. The reason you send it both certified and 1st class is to better ensure actual receipt. Sometimes a person will dodge a certified letter, but they can't help receiving (i.e. at least getting in their mailbox) a 1st class mailing. A receipt from a certified or registered letter is better but, when they're avoiding it, it's next best to have the 1st class letter as back-up

mwild31

Cool - thanks! I guess I have just never run across a situation where the letter was called into to question during an unemployment hearing - in my experience with a walk out, they usually just focus on the events of the day and any supporting memo's of the last conversation from those that were present when it happened. For about $3 bucks, I can see where it could be helpful. x:-)

ScorpioHR

Thanks! Just spent the last few hours speaking to the ee's involved-I have documented, documented, documented what everyone had to say-I had each of them sign their statements and I will be sending her a letter, certified and 1st class!! Seems this situation was brewing for months and her Superviosr did not feel the need to share the info with HR-Go figure-I will address that in my next meeting with them. As for me, I have had it and shall take a "wellness afternoon"! Again, thanks for the help...

SMace

We do not send letters like this. She walked out and quit. If she comes back, you tell her she walked out and quit. If she files a EEOC charge you tell them she walked out and quit. Scorpio has the documentation and signed witness statements, what more does she need? If she is going to lie about walking out, will she tell the truth about getting the letter? No. I prefer to document the situation and let them go away.

Don D

I would say:

1) Apply your policy. If you have an attendance policy as relates to no-call no-show, it starts tomorrow when she does not show up.

2) Do not mail her anything. Mailing someone a letter has no impact on the outcome of an unemployment insurance claim or an appeal.

3) Follow your policy and officially terminate at 2 or 3 days, whichever your policy dictates.

4) Do get statements from each supposed witness. Document well and have them sign. This can be used in the event of a hearing regarding her claim, at which point you will be deciding which, if any, witness(es) will accompany you to the hearing.

5) If you want her gone, have no contact with her. Let it simmer until her absences terminate her employment. Establish contact with her and it raises the possibility that she will come up with an excuse for her behavior that will result in your allowing her to return to work.

Leslie

[font size="1" color="#FF0000"]LAST EDITED ON 08-04-04 AT 06:50PM (CST)[/font][br][br]Walking off the job - whether the employee says anything or not - is termination of employment by our policy. If it is in yours, terminate immediately - if not do what Don says.

PS - We don't send a letter. Will, however, send a copy of the employee warning notice stating what occurred signed off by management.

ray a

Like SMace, I do not send letters. It really does nothing for the company. The documented testimony of eyewitnesses will give you much better protection. In one case recently I did just as Don suggested, the ee appeared to walk off the job, but never said "I quit". We waited the requisite three days per policy and "accepted their resignation" as a "No call, no show".