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Im the Purchasing Mgr, and sometimes I have helped in HR. The CEO of the company I work for asked for my input on an employee he had received a resignation from on 9/12/08. The employee's last day would have been 9/26 (2 weeks notice) The CEO said ok on the 12th, and then on the 17th, told this employee, that he was accepting his letter of resignation and making it effective today. I told the CEO that since the employee's letter had a condition for his resignation, that he had just fired him. The CEO got beligerent, argued with me, raised his voice, and I tried to show him the logic. He demanded I get back up info. I went to several websites, and even got our HR asst from ADP to state it in a phone call. The website I copied said that if the company had a policy of "requiring" two weeks notice then he had fired him since he didn't give him the two weeks. I showed him this, and he argued more, because our handbook states, although advance notice isn't required, they request 2 weeks notice. I tried very calmly to let him know, Im just giving you info, the guy will file for UE benefits and will probably get them. He argued more, then when I told him I would like to talk to him more about this, he got louder, I got a little louder, and then he told me to leave, and I said I felt we should finish this discussion, he said he would finish with me late, I left and said No, there was nothing more to say, we had nothing more to talk about, and left. I got suspended for 3 days. Insubordination, arguing with the boss. He's always right, no matter what. I shoulda known.
Anyway. anybody want to chime in? The guy quit, or get fired? This is in Texas.
The CEO didn't fire the employee because the employee resigned but since the CEO decided that he'd prefer him to leave earlier (and many employers take that stand especially when it concerns a disgruntled employee and/or an employee privy to confidential company information) all he's required to do is accept the resignation and then pay him for the period up to the resignation date.
I had the same thing happen to me. made me leave the day I gave my two weeks. I am pretty sure that means I was fired. I didn't bother with trying to get unemployment since I had a well paying job around the corner. Although I thought about it just to be a pain Wish I would of tried just to see what the law says about those situations. But since most companies I have worked for are at will I don't know how it would work.
The CEO didn't fire the employee because the employee resigned but since the CEO decided that he'd prefer him to leave earlier (and many employers take that stand especially when it concerns a disgruntled employee and/or an employee privy to confidential company information) all he's required to do is accept the resignation and then pay him for the period up to the resignation date.
I think your argument was misplaced. Cheers!
I agree with this claim. If he let him off with the two weeks pay then he wasn't fired. If he was just kicked off then he was fired.
Lastly, don't you just hate managers. I've worked with many of them and I'm hard-pressed to find a manager that doesn't always think he's right.
When someone resigns, there are many legitimate business reasons to not have that person stick around for two more weeks. It's perfectly legal to accept a resignation effective immediately. A company does not need to pay the person up until the planned "last day" but only for time actually worked.
It's also very rare that employee handbooks say giving two weeks' (or any other time period) notice is required. It usually says that this is expected or preferred, or that unless you give the proper notice, you're not eligible for re-hire, something like that.
The employee can then TRY to get UI, but then he has to claim that he was fired, and who wants that on their record? The company will say he resigned, and when giving references in the future, will also say it was a resignation. Having a termination on your record may not be worth the pittance you'll get for two weeks of UI.
Besides, people usually quit jobs when they have gotten a new job, so it's not like the person will be out of work.
Uh no - he quit. A company is not REQUIRED to make someone's last day the day the resignee requests. They can opt to say leave now even and the person still resigned.
Uh no - he quit. A company is not REQUIRED to make someone's last day the day the resignee requests. They can opt to say leave now even and the person still resigned.
Yes, you can accept it, immediately, I agree, but to wait 3 days after, then state, I want to make it effective today, not pay thru to the end of the two week period. This was my statement to the CEO. Had he accepted it on the date presented, OK. Or had he paid the employee thru to the end of the 2 week period, then that would have been the acceptance of the resignation, my belief is, the CEO fired the employee since he didnt pay him thru the end of the 2 weeks, nor did he have cause to let him go prior to that. No misconduct, A letter of resignation states Im going to quit on a certain date, not Im quitting today, as long as you keep doing your job you should still have it.
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Wish I would of tried just to see what the law says about those situations. But since most companies I have worked for are at will I don't know how it would work.
