Resignation or not?

ScorpioHR · December 2004

[font size="1" color="#FF0000"]LAST EDITED ON 12-28-04 AT 07:48AM (CST)[/font][br][br]We have an employee, she is in a department with one other person. She has requested her hours be dropped to 32 per week so she can take a day off for her son to get speech therapy. She is also pregnant. Her supervisor informed her that we could not accomodate her as the department needs coverage and the position is a 40 hour a week position. She informed her supervisor that she would have to resign in that case. During the meeting, we told her she could leave to drive him there and later on to pick him up. That was not acceptable to her. She told us she would go on her vacation this week, return and put in her 2 weeks notice.
We now come to find out she has gone over her supervisor's head and sent the COO an e-mail stating we are discriminating against her because of her pregnancy. She also stated she was a wonderful employee who has contributed a great deal to the company. Not so, she has been written up 3 times, we have had complaints from customers, she was suspended a day without pay for poor attitude. What are some thoughts on how we could handle this? Thanks!
scorpio

p.s. We do not have to comply with FMLA just in case that would have come up in your replies :-)

szemcumo · December 2004

I don't see discrimination due to pregancy. The job requires 40 hrs period, pregnant or not. She was hired as a full time 40 hr ee and that is what is needed.

HRinFL · December 2004

First, I would check with the supervisor to make sure the other ee in the department has not been granted any schedule changes, etc. Have the supervisor write a statement about how the request would cause an undue hardship on your business. If the information is favorable, you can accept her resignation. She first indicated she needed the time off to take her son to speech therapy, this has nothing to do with her pregnancy. Hopefully, the supervisor got her request for the time off and the reason she wanted the time off in writing. If so, you have that as evidence of her request. Hopefully, the supervisor had her reduce her resignation to writing, outlining the reason for her decision. If not, I would have the supervisor, as well as any witnesses to any of the conversations with the ee regarding her situation write statements, sign and date them as soon as possible. If you were present for any of these discussions, I reecommend you write a statement as well outlining the conversation. Finally, get a timeline of the ee's employment with all of the counselings, complaints, etc. to show the COO what actually occurred.

Pregnancy is her only complaint since FMLA is not applicable to your situation. If she is complaining of pregnancy discirimination to the company and you accept her resignation, get ready to explain your position to the investigating agency, or an attorney.

ray a · December 2004

Ditto what HRinFL said and I would accept her resignation immediately and pay her the 2 weeks and show her the door. That may sound harsh, but someone with 3 write-ups and a suspension and who sends a disingenuous email to the COO would be nothing but trouble those 2 weeks.

dchr9203 · December 2004

Her pregnancy was not a factor in her request for a special work schedule; therefore should be a non issue. If your company cannot accommodate her request to have a 4-day work week, then it cannot. I would confirm her statements to her, in writing of course, including a paraphrase of her original request, that you organizationally do not have a 32-hr position for her, and it is unfortunate that she feels the need to resign, however, you will accept it. Then move on.

Dasher · December 2004

You have already received some excellent advice here. I just want to stress that it is important to be sure you have not granted a shortened work week to others, as requested by this worker. It may also be important to confirm in writing that her pregnancy had no bearing on her request or the company's response.

I wholeheartedly agree if the scenario is as you have reported, the best course of action is to accept in writing the employee's resignation and pay her the two weeks, but not have her return to the workplace (unless you need her to train a replacement). An employee who would resign (threat) and go out of the chain of command in this manner is not an employee I would want to save.

SamanthaQ · December 2004

Just curious but is the COO having a change of heart on this one? Did the employee outline "specific" reasons why she thinks that her pregnancy is the real issue?

We have had many ex or soon to be ex-employees go to our CEO because he has this open door policy. Usually I try to warn him of the issues beforehand because they go in with a "poor me" story but I don't always find out he has a meeting with them until afterwards. In one case the employee had resigned because the schedule wasn't working for her and then she decided she may not want to resign because she didn't know if she would like being stay at home mom. So she applied for a leave of absence for 6 months so she could decide if she wanted to quit or not - which we did deny (we had already accepted her resignation anyway). But the CEO felt sorry for her and once again I was the bad guy!

ScorpioHR · December 2004

Update :-)
Well, the COO actually was the person who forwarded me this ee e-mail complaining about her "poor treatment". I spoke with him last night, I explained the issue's we have had, the suspension without pay she had previsouly been given, etc. My position was I am not going to be held hostage by an ee who is not even a good ee. He agreed. I did type up a statement summarizing the meeting we had and myself, the supervisor and the ee signed it. As for where we are now, she will take her planned vacation this week, return, submit her resignation and hopefully, that will be that. The COO will meet with her next wednesday and has told me he will back our decision. Life is good this wednesday!
Have a safe and Happy New Year forumites!
scorpio

ray a · December 2004

Sounds like you are headed toward a happy ending and you didn't even need Don's advice. His feelings may be hurt when he finds out.

ScorpioHR · December 2004

Hey now Ray, you trying to get me in trouble with The Don? That's just not nice, watch out for your Karma #-o

scorpio

p.s. ESPN is not found on television!!! At least not the kind I am referring to.

ray a · December 2004

My ESP (without the N) says Don will pipe up once he is released from rehab.

Dasher · December 2004

Wanta bet you do not receive a resignation when she returns from vacation. Oh, shucks, now I went and put a damper on your Wednesday. So sorry, but it is just that I have been there before. I would have grabbed the resignation opportunity, but so be it.

We may yet hear from the Don.

Balloonman1 · December 2004

She has resigned, if she says she changed her mind next Wednesday, explain to her that you have already accepted it, and that it is not something you are willing to change.
Pay her two weeks in leui of notice and send her packing that day.
My $0.02 worth,
DJ The Balloonman

Don D · December 2004

Sorry for the late reply. I had a day and a half of vacation left for '04 and spent it riding in the woods in Clarke County, eating chicken wings and stopping on iron bridges spanning centuries old creeks.

What I cannot understand is why you would let her go on vacation and then count on her turning in a resignation. I say terminate her immediately, pay her for the week of vacation and then two weeks of notice. That will end her insurance and perhaps other entitlements she dreams up while on vacation. There is absolutely nothing to be gained from a company perspective by leaving her on the books for a week of vacation during her last week of employment.

Ray, is there some particular reason you have for ending the year as you started it, by shooting spitballs at me? It's probably just the extra starch in your drawers on these cold winter mornings. x:-)

ScorpioHR · December 2004

"What I cannot understand is why you would let her go on vacation and then count on her turning in a resignation. I say terminate her immediately, pay her for the week of vacation and then two weeks of notice. That will end her insurance and perhaps other entitlements she dreams up while on vacation. There is absolutely nothing to be gained"

Don, I agree, but,I have manager's who see things differently than I do on a regular basis (My nickname is "hardass")and at this point getting her resignation at all is a major step forward for me. I never wanted her brought on permanently, but, I lost that battle and am on to the next.
scorpio

National Guard · December 2004

I was going to reply along the same lines as Don.(honest) "entitlements she dreams up while on vacation" What if she suddenly has an FMLA qualifying event while on vacation? or 'develops' difficulties related to her pregnance?"

Should have termed her before vacation.

ScorpioHR · December 2004

"What if she suddenly has an FMLA qualifying event while on vacation?"

See original post (edit) FMLA won't fly on this one, we do not have to comply (1 ee short of 50)

Don D · December 2004

Watch that 49 headcount closely 'Scorp'. Some of your airheaded supervisors and execs might just hire one person without your knowledge and nudge you into the FMLA column. And, referring to an employee as 'permanent' is a discussion for another day. Never do it.

Resignation or not?

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