Employee declines new position
lashefHR
23 Posts
We have a job share team where we terminated one of the employees. The other employee was offered a full-time position, but is declining the position. Is she terminated or is she resigning from the job?
Comments
[quote user="lashefHR"]She declined the position because she did not want to work FT hours. It has nothing more to do with anything than that. In addition, she call on Thursday to decline the FT role and did not show up for work which would have been a normal day of work for her. Is this an involuntary termination or a resignation. How about job abandonment after 3 days?
[/quote]
Several things at play here.
An employee who does not tell you they quit, in writing or at least in front of a crediable management witness, did not quit. Period. Preferably with a written policy in place, you can deem an employee to have resigned after they have failed to appear AND failed to make contact for 3 consecutive days.
If the EE calls you every other day, you need to invoke some other practice or policy (e.g., attendance) and terminate the relationship when the policy or practice says that is a required or potential outcome.
So, where it stands now with the information you have presented, it is neither an involuntary termination or a resignation and you have some options depending on what you want to do. Resignation, deemed or EE declared, is not up to you: it has to come from the employee.
The employer has the right to set the schedule. Assuming there is no prior arrangement with this EE that they would not be expected to work full time, then the employee has to work the schedule as required. You can involuntarily terminate for insubordination if the EE flatly refuses to accept the assignment or schedule. I'd try to get it in writing or document the event after it occurs in front of a credible management witness. However, keep in mind that the EE may still win a UI claim depending on why they were unable to comply with the schedule and your state's rules.
[quote user="TXHRGuy"] . . . the EE may still win a UI claim depending on why they were unable to comply with the schedule and your state's rules.[/quote]
Ok TX, back up just a taste and get me on the same playing field (even if I am a little dense). What is a "UI complaint? How would such a complaint come forward with the circumstances that you have presented?
[quote user="TXHRGuy"] . . . the EE may still win a UI claim depending on why they were unable to comply with the schedule and your state's rules.[/quote]
Ok TX, back up just a taste and get me on the same playing field (even if I am a little dense). What is a "UI complaint? How would such a complaint come forward with the circumstances that you have presented?
[/quote]
Unemployment insurance!
If someone quits their job because of changes you make to their working situation, they may be eligible for unemployment insurance money even though the changes were within the rights of the employer.
Well I'll be. . . I thought of everything that "UI" could stand for and never landed on the most obvious. . embarrassing. [:$]
Thanks for showing mercy on an old war horse.[Y]
[;)]