#1  
Unread 06-16-2005, 12:38 AM
TBhrCADAS
 
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Default Suggested Resignation vs. Termination

We are in the process of terminating a leadership posititon, and are going to give the employee the opportunity to resign. Does anyone have a sample letter form, that I can have prepared if the employee will resign. I haven't had one of these before, and need all the advice that I can get. It can be faxed to me or emailed.
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  #2  
Unread 06-16-2005, 01:13 AM
s moll
 
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Default RE: Suggested Resignation vs. Termination

Are you terminating the position, meaning the essential functions of that position are no longer needed? Or (I know, I'm beginning my sentence with a conjunction) are you downsizing and floating the essential functions to other positions? I don't think I'd make a prepared letter of resignation. If you meet with the employee and tell him/her that the position is being eliminated, the employee may want to stay while he looks for another job. If you're giving the employee no notice, I suspect you'll offer some severance. Is this really a ploy to get rid of an employee?
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  #3  
Unread 06-16-2005, 01:53 AM
Cheryl S SPHR
 
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Default RE: Suggested Resignation vs. Termination

Your prepared letter can be simple:

TO:
FROM:
SUBJECT: Resignation
DATE:

Per our discussion, I am resigning my position as (TITLE) effective (DATE).

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  #4  
Unread 06-16-2005, 01:55 AM
LivindonSouth
 
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Default RE: Suggested Resignation vs. Termination

I too have never heard of 'terminating a position' and 'giving the individual an opportunity to resign'. Why would he/she want to resign? Of the several reasons to NOT do that, there is the issue of possibly forfeiting Unemployment Insurance, or at minimum, delaying it while the events are sorted out. If my position were being eliminated, I certainly would not resign. That would be awkward to explain in future interviews.

If you are, however, terminating (firing) an individual, you do have the option of offering to let him resign. We've discussed this at length on the Forum, and can do it again; but, generally I feel that is not a good idea.

In either event, I don't know of a letter to use for your purpose. Perhaps you could clarify.
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  #5  
Unread 06-16-2005, 02:10 AM
TBhrCADAS
 
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Default RE: Suggested Resignation vs. Termination

Sorry, I said it wrong, we are not eliminating the position, we are terminating the employee. Very sensitive area. We have been through all of the counseling, and our attorney has advised to terminate the employee. Sorry, I missed that forum, I will do a search
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  #6  
Unread 06-16-2005, 02:59 AM
TBhrCADAS
 
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Default RE: Suggested Resignation vs. Termination

ok, my search has not turned up anything. Let me further explain the situation. The employee has used company credit inappropriately. Also, investigation has revealed asking for drug screen kits before submitting to random drug screens. (We are are a A & D rehab clinic)

Long ago, before my HR days, a fellow coworker was asked to resign his position, and the company offered him severance pay if he would sign a statement saying he would not bring any legal action against the company. I haven't heard or seen this sense. I do not know all of the details surrounding his termination/resignation. Is this a common practice and if it is, can anyone direct me to a similar type situation? Thanks for any advice I can get.


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  #7  
Unread 06-16-2005, 03:10 AM
ritaanz
 
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Default RE: Suggested Resignation vs. Termination

Why would you want to give this person the choice to resign? It is apparent he violated company rules. Sit him/her down, give them the facts and then show 'em the door.
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  #8  
Unread 06-16-2005, 03:18 AM
TBhrCADAS
 
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Default RE: Suggested Resignation vs. Termination

This employee represents our organization to the public, and we are hoping to minimize the any negativity that the employee may exhibit to her community contacts.
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  #9  
Unread 06-16-2005, 03:20 AM
MikeatUniversityofColonialAvenue
 
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Default RE: Suggested Resignation vs. Termination

Normally, I am quiet on issues in the Forum. But, this matter sounds clear. You should terminate based upon the clear facts and particularly if the offense is one whereby you would terminate anyone else. A resignation may be something that you feel may help the employee with future jobs, but I contend that you then enter into all kinds of issues from unemployment compensation claims to defending a resignation in lieu of termination as becoming a practice that could kick you later. Call it as it is and terminate. Remember, truth and fact are the best defenses you have.
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  #10  
Unread 06-16-2005, 03:36 AM
s moll
 
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Default RE: Suggested Resignation vs. Termination

Here's another thing I see. Why are you offering severance and a signed letter that she won't sue? What would be the basis of the suit? Unless you're discriminating, retaliating, or conducting some other illegal act in the termination, proceed with the termination. Don't cloud the issue by trying to cover your own or by trying to be proactive against bad publicity.

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