In a perfect world, employees who quit will give at least two weeks’ notice, won’t change their minds in the interim, and will work hard straight through their very last day, and those who lament about wanting to quit will actually step up to the plate and do so, instead of leaving you wondering whether they’re staying or going. This isn’t a perfect world, though, and there are plenty of issues that can complicate a simple resignation.
Rescinded Resignations
Curve #1: An employee quits, but later claims it was a misunderstanding and they did not resign.
What to do: At-will employment prevails; you can choose whether to accept the resignation.
To avoid this situation, require employees to put their resignation in writing, and explicitly tell the employee that you accept the resignation. Confirm the final day of employment, and schedule a time to discuss parting matters, such as return of company property, final pay, COBRA rights, etc.
Curve #2: An employee wants to rescind a written resignation.
What to do: Check company policy. Does the policy prohibit resignations from being rescinded? If so, has the policy been consistently enforced? Refusing to allow an employee to rescind a resignation isn’t illegal, but a legal claim could arise if others were allowed to rescind their resignation or you act contrary to your own policies/procedures.
If there is no policy, or the policy permits the rescinding of resignations, consider whether the employee has a compelling reason for wanting to stay. If the employee originally quit because they are unhappy with the job/company/management, they will probably not stick around for long even if you allow the rescission.
Laurie Nagle, HR Director for Holiday Inn Arena (Binghamton, NY), explained that her company usually doesn’t allow a resignation to be rescinded, “but exceptions will be made on a case-by-case basis.” For example, a female employee resigned because her husband was offered an out-of-state job transfer. When the transfer fell through, Nagle allowed the employee to return to work.
Sometimes employers allow an unhappy employee to rescind a resignation due to the perceived difficulty of filling the position or replacing the worker. Overcome managers’ fears by asking: What do we do when the employee goes on vacation? Use that plan while you recruit a replacement.
Minimal Final Effort
Curve #3: An employee gives two weeks’ notice, but mentally checks out during that time.
What to do: Let the employee go early. Outside of a written contract, you do not have to let the employee work out their notice period. If you’re concerned about unemployment benefits, pay out the full notice period. Added benefit: Letting an employee go early without pay could dissuade other employees from giving adequate notice.
Intent To Resign
Curve #4: An employee has indicated that they are actively looking for a new job.
What to do: Find out why the employee wants to leave. If the employee discloses that discrimination, etc., is to blame, investigate immediately. If the employee is looking for new opportunities and is the kind of worker you want to retain, consider recruiting them to a new department that is more in line with their interests.
In the case of key personnel, Nagle advises planning for their departure no matter what. “I would take immediate action. I would post a job ad for the employee’s position, etc.” If the employee doesn’t hold a key position, she makes sure she has back-up applications on file for the position.
Curve #5: An employee doesn’t hide the fact that they are unhappy and hate working for the company.
What to do: “Unhappiness causes negativity in the job and spreads like a virus to other employees,” said Nagle. “Sit down and find out what’s the problem.” Sometimes it’s legitimate. Otherwise, Nagle advises counseling the employee on how their attitude has adversely impacted their performance, customer service, etc., and coaching them on how to improve.
If the employee continues to vocalize their unhappiness, make them take action. Say: “If you’re not happy here, maybe you need to reconsider whether you want to work here.” Then give them the rest of the day off, and instruct them to get back to you with their answer first thing in the morning. If the employee chooses not to quit, discuss the need for a more positive attitude.
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