HR did ask me if I was sure I wanted to resign, but I would not answer the questions directly. Your last statement is the strongest thing I have going for me. The best reason you have to collect unemployment is that you did try to follow the company's rules for resolving the dispute, and the company failed to cooperate in good faith. Once again, place the ball back in their court, effectively letting them know, without saying it out loud, that if they want out of the company, they will have to take the initiative themselves. The best response is something like this: "No, I am telling you that you need to start paying attention to instructions and following the rules." Make it clear to the employee that you are focused on improving their performance or on getting them to comply with policies. ![]() ![]() Things like that are often seen in situations where the employee is trying to maneuver the employer into a premature discharge in the hopes that an unemployment claim might turn out favorably for the claimant. (Factor 8) If you are merely counseling an employee about a matter of concern, and the employee starts badgering you with questions and comments like "Are you telling me I'm fired?", "So you're firing me for this?", or "I can't believe you're firing me for this!", watch out. (Factor 6) If an employee offers to resign, but you instead convince the employee to stay, and later change your mind and "accept the resignation", you have just discharged the employee! Persuading an employee to stay after they have tendered their resignation amounts to a rejection of the resignation, which means that the offer to resign expires, and the employee's acceptance of your pleas to stay amounts to a rescission of the resignation. Have the employee fill out a resignation letter in his own words, preferably in his own handwriting, if you can persuade the employee to cooperate to that extent. The employee might claim that he was forced to sign it or else was tricked into signing it, which will only hurt your case. (Factor 5) If you have an employee sign a prepared, fill-in-the-blank resignation form, that will look suspicious. (A4) I don't know if you offered to quit or not first, but if so, your case is stronger. (An employer does not have to pay an employee for the portion of a notice period that is not worked, unless company policy promises such a payment.) If he gives two weeks' notice or less, and you accept the notice early within the two weeks, it will still be a quit, not a discharge. If he then confirms that he wants to resign, ask him how much notice he is giving. ![]() It would be better to remind the employee that all you wanted to do was talk about a problem, not let him go, and ask the employee whether resignation is really what he wants. If you immediately "accept the resignation", it might be considered a discharge. If the encounter starts out as a counseling session or a reprimand, and the employee gets discouraged and offers to quit, watch out. Any records you have of phone calls made and messages leftįactor #3. Your employer's defense would be to prove that you had done something wrong, but you were attempting to refute that in accordance with your company's rules. ![]() (A2) This sounds like what happened in your case. If the employee had no effective choice but to leave when they did, it was an involuntary work separation, and the employer's chances in the case will depend upon its ability to prove misconduct. A resignation under pressure is a form of discharge. (A1) I don't know who did this in your situation, but if your boss did, this would be helpful.įactor #2. Whoever first brought up the subject of a work separation might be held to be the one who initiated the separation. Here are some hints as to how TWC will rule:įactor #1. "Sometimes the circumstances are murky, and it is unclear exactly what happened. These are written as guidance for employers, and are especially helpful to you to use because they tell you what the TWC is looking for from them: I'm setting forth the standards from the TWC that might apply to your situation ( ). Let's look at how the Texas Workforce Commission determines if someone left employment for good cause, or if the employee voluntarily quit.
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