 | Susan Selvidge
is an attorney with the law firm of Fleeson, Gooing, Coulson & Kitch, L.L.C. She received her bachelor of arts degree from Washington University in 1963, and her juris doctor from Northwestern University in 1980. Susan joined Fleeson, Gooing, Coulson & Kitch, L.L.C., in 1982, and practices primarily in the areas of employment law representing employers, and general business litigation. |
Legal
2004-05-01 11:35:00
Can I fire a resigning employee?
: An employee submitted her resignation yesterday, effective one month from now, because she is extremely unhappy in her job. As her manager, I am concerned that her productivity will decrease and that she will have a negative effect on her co-worker's morale over the next few weeks that she is here. I'd like to pay her for two weeks' work and ask her to leave immediately, rather than have her stay through the whole month. Is this legal? What would you recommend?
ANSWER: Your concerns are legitimate, but what you want to do would change the situation from a resignation to firing the employee. If the employee does not have a contract and is employed at will, and if your company does not have employee policies which would prevent the termination, it would be legal. It might or might not be wise. It would be an easier question if you would be willing to pay her for the one month. You could just tell her that her resignation is accepted and that she does not need to return to work in that period, but will be paid. Otherwise, all the concerns that are raised by any discharge or firing are present. Does this employee have some basis for a lawsuit against the employer? What is the reason she is unhappy? Is she being sexually harassed, or having problems based on sex, gender, race, nationality, religion, age or disability? Is she involved in any situation that involves whistle-blowing against the company for some allegedly illegal company practice? Does she have a work injury or workers compensation case pending? If there are any questions along those lines, you need to consult an employment lawyer about what to do, even if you don't fire her now. It is possible to make an agreement with her to leave early and obtain a release of claims in exchange for severance pay, but there are federal requirements to release some claims. You would need to consult an employment lawyer to prepare a proper release. The safest and most economical plan would be to pay her for the month but not have her work any more.
