Unexpected resignations are big challenges for business owners and managers. However, it’s important to know what your company’s HR procedures are for handling these situations.
The first thing to be mindful is to review the employment contract, if any, following a resignation to make sure the employer and the employee comply with obligations and requirements as stated in the employment contract. For example, at some companies, employees are required to work out a notice period, usually two weeks, as indicated in their employment contracts.
An employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. The reasonable time the employer is allowed to pay for the employee’s wages should not exceed 72 hours provided that payment be made by mail to any employee who so requests and designates a mailing address. Labor Code Section 201.
If the employer feels that the employee may claim that he or she was constructively discharged, (i.e, their job environment was so intolerable that they had no alternative but to quit their job), then it is best to offer the employee a severance package in exchange for the dismissal of any claims that the employee may have.
Moreover, the employer should also advise its employment insurance carrier immediately as some employment insurance policies require immediate notification when an employee resigns. Otherwise the insurance carrier may decline a future employment claim arising from the employee’s resignation.
The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.
Are you or anyone you know been discriminated at work? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://payablaw.com/ if you have any questions regarding your rights at the workplace.