What would you call it...
lnelson
670 Posts
Fired or Quit
I was trying to talk to an ee about something they were working on that had been in my care previously and I needed some answers due to them never asking me any questions regarding the procedure or anything. Upon starting to discuss the issue the ee got very angry which I must admit made me a little hot under the collar needless to say that the ee did not want to discuss and said they had had it and proceeded to walk out of my office I tried to stop the ee but she kept going I informed her by doing so I consider her to be quitting. The ee clean out her desk and left no further word. I left msg at ees home but no response. This morning I had a voice mail stating I had 24 hrs to get her check to her since she was fired. I called again and got answer machine. I never said she was fired but interpetted her actions as quitting.
What do you think?
Lisa
I was trying to talk to an ee about something they were working on that had been in my care previously and I needed some answers due to them never asking me any questions regarding the procedure or anything. Upon starting to discuss the issue the ee got very angry which I must admit made me a little hot under the collar needless to say that the ee did not want to discuss and said they had had it and proceeded to walk out of my office I tried to stop the ee but she kept going I informed her by doing so I consider her to be quitting. The ee clean out her desk and left no further word. I left msg at ees home but no response. This morning I had a voice mail stating I had 24 hrs to get her check to her since she was fired. I called again and got answer machine. I never said she was fired but interpetted her actions as quitting.
What do you think?
Lisa
Comments
I would just document what happened and have it ready for the UI Claim which you know is just around the corner.
You just need to have her final check for her within 72 hours of her walking off the job.
Sounds like you pushed each others buttons during this conversation. Good thing you are/were the boss.
WIth quiting, check, often you can wait until the next regular check run.
I would not do anything not required......and would send the check, and a notice that she quit certified mail return receipt.
My $0.02 worth........
The Balloonman
Depends on what she claims and what the referee or hearing officer believes. If you dare to admit to him that you 'got a little hot under the collar', you could be sunk. Good luck.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
I had a similar case and won it at the UI hearing. One instance will usually not be enough to mount a constructive discharge case unless it's severe.
All that said, you will still be at the mercy (read whim) of the administrative judge. Document well and good luck.
I am expecting a dispute on the reason for discharge but we will see.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
In the scenario I presented, this employee has documented evidence, probably witnesses, a satchel full of evidence, one audio tape and maybe even three invoices from her psychiatrist.
I do not imply that the original poster is guilty of any of this. This is simply rolled out as an illustration of a possibility. Employees have done stranger things after they quit a job.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
This has NEVER happened before so in my case it would be a one and only time event. But my reaction (and I should have known better) was the unexpected hostility she portrayed to being asked questions and following it up by walking out of the discussion and job.
If we're looking only at the immediate facts that you cite here, I would agree with the majority of respondents that this person quit (constructively quit, if not explicitly).
But I would offer a broader perspective: from the scene you describe, it sounds like there must be some history that led up to the final "blowup"? If this angry scene just came out of nowhere, then this person must be a wacko, and you're well rid of them... a pretty clear case of someone who walked out in a tantrum-- i.e., quit. But if there's a history of antagonism between the former EE and yourself/others, then I think the real answer to the question of whether this was quitting on their part, or constructive discharge on yours, probably lies in the facts of the history that led up to it.
She wanted to be in charge of something and I guess when I stepped in to question her decisions she blew up. Frustration probably but MOST people would have asked questions when taking on a new project.
As far as frustration who hasn't been frustrated at work but packing up your things and walking out, you right more to this than maybe I know.
This has been a terrible week for all of us here. One of our employees was killed in a car accident over the weekend. He was driving home when a car going the other direction lost control and landed on his car. Everyone is in a state of shock and horror.
He will be missed by all.
LISA x:-(
Depending on your workforce, sometimes losing a co-worker is like losing a family member. People reflect on the worker and his family and are burdened with grief and shock. Call your EAP. Talk to someone yourself first then let them help your workforce through it. We've lost two employees and one of our subcontractors was killed on the job. If your EAP is worth anything at all, your employees will appreciate it and your managers will understand more about what to expect over the next few days.
Make sure you retain what you were discussing with her and why and document the discussion. Have there been any instances before this?
Make sure you let the hearing officer know that you never told/asked her to leave and document when you called and what was left on message and what was said. I would say it was self termination/resignation. She is the one that made the decision to walk out. If she hadn't she would still be employed today.
Will depend upon the hearing officer and what they believe. We lost one this week that employee assumed things and left, told the hearing officer that her hours were cut and she was abused by supv. and won. Not the case at all but can't prove it.
E Wart