I quit, No, I take it back.

denjen · September 2008

Following an arguement between employees, one employee announces "I quit" "I don't need this". Before he left the plant or even clocked out, he calmed down, and changed his mind. We allowed him to go back to work.

The next morning another issue arose between the same two employees. Tempers are running high and fingers are being waved. Threats made but nothing physical acted upon. Both employees have been sent home pending investigation of the threats that feel as if life threatening. It looks like we should have accepted his resignation because now we will have to terminate him, due to the information from the investigation.

Question - Can I say "we have decided to accept your resignation from Thursday night" even though he worked Friday morning? Or since we allowed him back to work, the resignation is no longer considered to be on the table?
Will this hold up in unemployment?

LindaS · September 2008

You allowed him to return to work on Friday so I do not see you getting by with "we accept your resignation" for the purposes of UI. If you have enough infomation for termination, go ahead and follow your procedures and terminate. As for UI, you can present the fact that he "resigned" but I do not think it will hold up.

ray a · September 2008

Does the crime rise to the level of termination or would you normally use a progressive disciplinary process? You say life threatening, that does sound very serious and if this ee has made threats of violence I would tend to fire so it is in the record. But, I agree with Linda, since you let him back into work all day Friday, that takes away your ability to accept his resignation.

denjen · September 2008

If you haven't guessed its a manufacturing setting.

The employee criing victim called the police and filed a terroristic threat claim because he said it was life threatening. I was standing there in the middle of the screaming, all 30 seconds of it. The victim claims the other employee said "I will Kill you". I did not hear "Kill". I didn't see it as life threatening. Granted the victim was screaming and pointing his finger as well. The police have already said this is maybe third degree assault and it probably won't make it to court. If yelling is ground for termination, having any feeling of anger would become a disability.

We are following a progressive disciplinary process. The person in question is on the third and final warning. He is going to be termed reguardless.

davids · September 2008

A couple of thoughts: I think you already passed on the opportunity to accept the resignation by letting the employee return. We have been advised by counsel that in these types of situations, immediately tell the employee that the resignation is accepted and considered irrevocable; then follow that verbal acceptance with a written confirmation. Counsel also suggested that should the employee challenge you in court, it would be helpful if you could show that you already started a recruitment for a replacement or reorganized the work, so the resigning employee is no longer needed. In other words, show that you acted on the employee's good faith resignation (and act quickly). It is difficult to act on this when, as in your situation, the employee almost immediately rescinds the resignation; but, you could still have accepted the resignation and not allowed the employee to return to work.

I also want to comment on your statement: " If yelling is ground for termination, having any feeling of anger would become a disability." The issue is not the anger itself, but how the employee displays the anger. There are appropriate ways and inappropriate ways to show anger (or any emotion for that matter). If the employee's behavior was inappropriate given the situation, discipline/termination may be an appropriate response.

denjen · September 2008

I thought employees often continue to work after quitting isn't that the idea of two weeks notice? He was willing to quit on the spot with out notice which means we would not consider him for rehire? If the separted employee files for unemployment, I plan to be forth coming from the beginning. "EE resigned and then continued to work. Three days later we decided to accept the resignation." If UI decides that does not fall under resignation, we will gladly pay. Just so we don't have to take him back. We are not looking to hide any facts.
The statement that "anger would soon become a disability", came from a frustrated person. We respond to behaviors.

manyhats · September 2008

I have another "I resign; I don't resign question:
A high level employee, who's position is being eliminated, resigned as of October 15th. Now he says he's going to continue to work for free.

I don't think we can allow it under FLSA because if he works we have to pay him. But I think there are security issues also.

There is a huge internal "company politics" issue involved in the re-structuring of his position that I won't go into. I just seek insights on laws to look into to justify not allowing him to continu working after the 15th.
Thank you, Manyhats

Susan in La · September 2008

I would not allow someone to "Volunteer" doing work they were formerly paid for. I would say, thanks, but no thanks. If he persists in coming, do you have security who can stop him? We have issued letters to former employees telling them they are not allowed back at work and that we will contact the police if they show up. I hope it doesn't have to come to that and he can take a hint and "no thanks" for the offer to volunteer.

I quit, No, I take it back.

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