Ending employment and exit interviews

Employment can end voluntarily or through redundancy,
contract end, resignation or termination. As an employer there are steps you will need to take to comply with
the law and to ensure your business continues as usual. Create policies in your HR manual and become
familiar with the National Employment Standards (NES) and your employee awards will help make the
process easier.

Exit Interview
This is an ideal opportunity to discover from departing employees how you can improve the business.

Use our sample exit interview template for examples of questions you should ask during an exit interview.
You can adjust the questions to fit your company's needs.

Exit Interview Template (DOC 226.5 KB) HYPERLINK
"http://www.business.vic.gov.au/__data/assets/word_doc/0018/20709/exit-interview-template.doc"

Employer's tasks for the employee's last days at the business:
• write a reference or statement of employment

• set aside time for a thorough handover of duties, and if necessary, get them to report in writing any
unfinished projects or tasks where lots of detail is involved, e.g. where they saved the files for project XYZ

• fill the job so they can train their replacement in the role

• set up an exit interview.

• once the employee has left cancel their computer codes and passwords

• on their last day, make sure they return security passes, uniforms, safety gear, laptops etc.

General record keeping reminders:
• calculate final payments such as annual leave and accrued long service leave

• find out about employee termination payments on the Australian Tax Office website

• pay the remaining superannuation payment

• remember to include their pay as you go (PAYG) withheld amounts in your next BAS

• collect any information now for your next fringe benefits tax (FBT) report

• if a WorkSafe injury insurance claim is current, tell WorkSafe

• make sure you have their contact details so you can send them their statement of earnings at the end of the
tax year.

Redundancy and retrenchment
When making a position redundant or retrenching staff an employer is responsible for
following the Fair Work Act 2009, conditions under the National Employment Standards
(NES) and any other employee awards or contracts. Use the checklist for redundancy to

make sure you cover your legal obligations and consider all your options.

The Business in Transition Support (BiTS) program is designed to help businesses facing
redundancy and retrenchment and can be contacted to organise an information session for
employees. Please email the HYPERLINK "mailto:bits@dbi.vic.gov.au"BiTS
HYPERLINK "mailto:bits@dbi.vic.gov.au" team to organise an information
HYPERLINK "mailto:bits@dbi.vic.gov.au"sessionand use the information below to
ensure you meet your obligations and provide employees with everything they need.

• What is the difference between redundancy and retrenchment?
• What are genuine reasons for redundancies?
• Main steps for an employer looking at redundancies or retrenchments
• What makes up an HYPERLINK "http://www.business.vic.gov.au/operating-a-
business/employing-and-managing-people/ending-employment/redundancy-and-
retrenchment"employees HYPERLINK "http://www.business.vic.gov.au/operating-a-
business/employing-and-managing-people/ending-employment/redundancy-and-
retrenchment" final payment?

• Create a redundancy pack for your employees
What is the difference between redundancy and
retrenchment?
In simple terms, the employer makes a position redundant when its duties are no longer
needed to be done by anyone. Once the position is redundant, the person doing its duties
may either be redeployed (i.e. given another job) or retrenched (i.e. lose their job and
not be offered another).

Reasons for making a position redundant
Simply dismissing a member of staff does not necessarily make it a genuine redundancy.
Use the the Fairwork Ombudsman website to check a list of reasons why a position could
be made redundant before you begin the process.

It may be necessary to provide proof, such as a new organisational chart or financial
records showing losses to prove genuine redundancy and avoid unfair dismissal claims.

Steps to take when considering redundancies and
retrenchment
• Take a close look at other options and how the business operates. When considering
which positions to make redundant think about what skills are least needed now and what
you'll need when there is a recovery (if you are in a downturn). This means reducing or
eliminating positions that make the least contribution to safety, compliance or income.
Other options are reducing positions with skills easiest to replace or duties you can move
to other positions. Use our Workforce Action Plan (DOC 74 KB) HYPERLINK
"http://www.business.vic.gov.au/__data/assets/word_doc/0003/14475/workforce_action_
plan.doc" to help complete this step
• check your employee's awards and agreements (and any workplace policies and
employment contracts) for notice periods, payments and the correct procedures. Errors

and not based on discriminatory grounds. Payment equal to the wages for the notice period is an alternative to giving an employee notice. this may be a breach of an award. or before the end of the notice period.e. the workers volunteer.vic. Redundancy pay • Businesses with less than 15 employees don't have to pay redundancy pay (unless they are subject to an award. and farewell employees with respect • notify Centrelink if there are to be more than 15 people being made redundant). or the employer chooses who to retrench) • use fair selection criteria (e. Final pay . • if you make a position redundant but give the worker an equivalent job you don't have to pay redundancy pay • there are some very limited circumstances when an employer can apply to be exempted from the requirement to pay redundancy pay to Fair Work Commission. Keep people up to date to maintain trust and respect • prepare redundancy materials.business. You can also use our comprehensive Checklist for Redundancy (PDF 64. here could mean claims for unlawful or unfair dismissal later • hold consultations with staff and unions (compulsory under some awards and agreements and the Fair Work Act 2009 if there are more than 15 people who are made redundant).gov. or the amount to pay can be reduced. If you do not advise the employee in writing or you give them a too short notice period. Use our guide to dealing with staff in a downturn for help. the NES or the employee's common law contract. If you have meetings (staff or individual) keep a written record of what was discussed. ensure the process for selection is documented and transparent. payments and support. • if individuals on long-term leave (such as parental or long service leave) are being retrenched. usually used if you decide to retrench them immediately. agreement or common law contract that states otherwise) • Businesses with 15 or more employees should check the Fairwork Ombudsmun website to get details about what redundancy might be payable.97 KB) HYPERLINK "http://www. • decide between voluntary or compulsory redundancies (i. a workplace agreement.au/__data/assets/pdf_file/0014/14405/checklist_for_redund ancy.pdf" What makes up employees' termination payments? Listed below are the two main elements that can make up the termination payment for an employee who's position has been made redundant. performance) and transparent processes. Go to the redundancy information for employers page of the Centrelink website • give the minimum notice period as a legal requirement or provide payment in lieu of notice.g.

It may be poor performance. e. refusing to follow instructions. Check to see if long service leave payments are owing • 'payment in lieu' if the employee is not going to work through the normal notice period to their official last day (but remember to calculate and pay the employee's superannuation to the end of the notice period) • other extra payments sometimes made to 'soften the blow' ('golden handshake'). Employee termination and unfair dismissal There are many fair reasons to terminate an employee's contract. training and job search services. accurate. clearly explained. Special tax rules apply to some termination payments. dangerous behaviour. unused annual leave. There is no one-size-fits-all solution to working out your employees final pay. when and how you will make final payments • an Employment Separation Certificate stating that employment has ended and for what reason (if needed for Centrelink) • a written. . or no further need for the position (retrenchment or redundancy). misconduct. A professional adviser will be able to assist you with your options. an unfair dismissal claim). If you are opting to make extra payments. or all of these: • Outstanding wages. statement of service (if requested) • the offer of time off for counseling. Note that unused sick leave is not paid out unless an agreement or award provides for cashing out of unused leave (uncommon). including penalty rates and allowances • accrued annual leave and annual leave loading entitlements • accrued or pro-rata long service leave (if applicable). so check with the Tax Office or your tax adviser about 'eligible termination payments'. listing which agreement or award you based the calculations on. What to include in a redundancy package written notice that end-of-employment is approaching (notice period) redundancy kit with: • their entitlements calculated to the last day. Use the Business in Transition Support program to provide resources to your employees • the offer to end their employment immediately by taking pay in lieu of notice (if mutually convenient) • a farewell event. you should consider if you can protect your business against future claims by former employees (for example. By following proper process and observing employer legal obligations around notice and reason should help minimise claims of unfair dismissal.g. It will be made up of some.

30 August 2012. being intoxicated. e. Termination and final payments for dismissed employees Your employee is entitled to the termination payments under state and federal law. wages owing. Although not legally required. You may also choose to pay 'payment in lieu of notice' (money equal to the wages for the notice period) if you would like the employee to stop working immediately or before the end of the notice period.g. but employees should be given fair warnings to improve their performance and some help if required. hires a new employee to do the same duties. Read more about an employee’s dismissal for failing to follow work instruction. Fair warning to terminate an employee explained Every employee should be given the chance to reach the standards you set and be given a fair hearing. as these vary. but first you should still give them a fair hearing about the circumstances surrounding the incident. Required notice period This varies depending on how long they have worked for the business. Your HR policy should set fair and clear procedures for discipline and dismissal. fraud. The often quoted 'three-strikes policy' is not a legal requirement. and their award. you may not have to pay their pro-rata long service leave. or you have not given the employee a warning or a fair chance to improve their performance. e. Keep completed copies as a record you’ve done the right thing. VECCI Blog. Another form of unfair dismissal is if the employer makes a position redundant. The Small Business Fair Dismissal Code applies to businesses with fewer than 15 employees (excluding irregular casuals) from 1 July 2009 (under the Fair Work Act). assault. retrenches the employee and shortly after. and pro- rata long service leave. Under some awards or agreements instant dismissal can affect their final payments.g. Use the sections in Useful Tools HR Manual template on discipline and misconduct to guide you. Unfair dismissal explained Unfair dismissal occurs when there's no valid reason for the dismissal. extra training. An employee can be instantly dismissed for gross or serious misconduct such as theft. or refusing to carry out a lawful and reasonable instruction. The editor. or notice. e. You don’t need to give warnings or notice if the employee has committed gross or serious misconduct. Note that most businesses with less than 15 staff don't have to pay severance or redundancy pay (except for some pre-March 2004 awards). An employee can claim unfair dismissal if the business employs: . use the Small Business Fair Dismissal Code Checklist fact sheet at the Dept of Education. Check the relevant award or workplace agreement on the Fair Work Commission website or call 13 13 94 to check the notice period or what to pay in lieu of notice. Employment and Workforce Relations as a guide to the right procedure.g. unused holiday pay.VECCI highlights the process to be followed in situations where an employee has prior warnings and trust breaks down between employee and employer. agreement and/or contract.

not per full-time equivalent. Breach of the National Employment Standards You will be in breach of the NES if you fail to: • give the correct amount of notice to an employee • pay the correct final payments. when an employer fails to give/pay proper notice. usually only after seven years' service (10 years in some awards containing their own long service leave provisions). Special tax rules apply to some termination payments e. . The long service leave calculator can help you calculate this. Check with the Tax Office or your tax adviser for details.• less than 15 staff (excluding irregular casuals). and what a prohibited reason is. Unlawful termination explained Unlawful termination applies to all employers when an employee is dismissed or made redundant for a prohibited reason which is usually discriminatory.g. An employee or the Fair Work Ombudsman can take you to Fair Work Australia to recover money and possibly seek the imposition of monetary penalties on you or your business. use the Fair Work facts sheets. Final payments Calculations of typical final payments include: • unused annual leave • 'payment in lieu' if the employee is not going to work through the normal notice period to their official last day (but remember to calculate the employee's superannuation to the end of the notice period) • pro-rata long service leave. severance pay.g. Unfair dismissal claims From January 1. 2013. and the employee has worked there for six months or more. e. and the employee has worked there for 12 months or more • 15 or more staff (excluding irregular casuals). unused annual leave. employees have a maximum of 21 days from the date of dismissal to lodge an unfair dismissal claim. Note: Number of employees is based on a simple headcount (excluding irregular casuals). For further information about unlawful termination. or when they dismiss 15 or more employees without first notifying Centrelink.

This is why our services are crucial to anyone who is applying for a job. if against "public policy. To bring a wrongful termination suit the discharge of the employee must have been without "good cause". An employee who believes he/she is the victim of a wrongful termination may bring an action for damages. Our professional staff will ask a series of questions designed to elicit a response similar to that which will be given to a prospective employer. This includes the loss of wage and "fringe" benefits. our professional and discrete staff can contact your former employer and inquire as to why an individual was terminated.Verify Your References When wrongful termination is established. Wouldn't you feel better knowing in advance what that person is going to say? Contact . Will you trust your last boss to give you a good reference? Will this "bad boss" be contacted by future employers when you applying for a new job? Knowing what your former boss will say before a prospective employer contacts him may be the difference in your receiving a new job offer. a prospective employer is under no obligation to inform you what they discovered while talking with your former employer. Also there may be a violation of statutory prohibitions against discrimination due to race. sexual preference or age. Our highly trained staff will contact the employer just as any other prospective employer would.Bad Boss A bad boss can mean a bad reference. The employee must have had an express contract of continued employment or there must have been an "implied" contract based on the circumstances of his/her hiring or legitimate reasons to believe the employment would be permanent. for punitive damages. Don't let a bad boss ruin your chances of getting a better job. Wrongful Termination . you can go confidently into your next job interview knowing what a former boss will say. an employee then has the right to sue his/her former employer for damages. as well as for breach of contract. The former employer will not be aware that you are utilizing our service. Remember. and. Armed with this information. Wrongful Termination . Your boss will never know that you are utilizing our service. Please research our areas of wrongful termination below: • Bad Boss • Discrimination • Sexual Harassment If your client is the victim of a wrongful termination. We will contact your former employer in a discrete and professional manner. Our staff will provide a detailed report of our conversation to you via your own private log in area of our website." additionally. We know the specific types of questions that can elicit the information necessary to pursue a wrongful termination claim. Our clients are often shocked by what a former boss has to say when our staff contacts them. as well as tone of voice and attitude. Let us find out what they will say before a prospective employer contacts them. If you think that your former or current boss is a bad boss then you owe it to yourself to find out how they will respond to a prospective employer. or the discharge was contrary to "public policy" such as in retribution for exposing dishonest acts of the employer. gender. The report will include the questions and answers covered in the conversation. Don't let a bad boss or a bad reference ruin your chances of getting your dream job.

Sexual Harassment Laws Sexual harassment is unlawful under both state and federal laws. • Sexual harassment and other gender discrimination frequently are practiced in violation of. For example. Hostile work environment sexual harassment occurs when an employer maintains an environment where a) offensive conduct of a sexual nature is either tolerated or encouraged. In each of these situations gender does not matter. A hostile work environment can also exist on the basis racial discrimination. and b) that conduct makes others feel uncomfortable or conditions unreasonably interfere with an employee's performance in the workplace on account of his or her sex. A sexual harassment complaint can only be actionable if it is sufficiently severe and pervasive to alter the conditions of the victim’s employment and create an abusive working environment.our staff today and learn more about our services and reasonable pricing packages. dirty jokes and even physical assault. an employer cannot require an employee to engage in sexual conduct to keep from getting fired. and even continued employment.allisontaylor. sexual orientation discrimination. This includes salary. it often may be nearly indistinguishable from normal social relations between men and women. The sexual harassment must have the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating. Simply stated. disability discrimination.com/background-checks. The second is when a supervisor requests sexual favors in return for granting employment opportunities. There are two types of sexual harassment: Quid pro quo harassment occurs when an employer conditions any term of employment on the performance of sexual favors. or offensive working environment.Gender Discrimination Sexual harassment has several forms. Call us today and we can conductbackground HYPERLINK "http://www. known as quid pro quo sexual harassment. rather than in compliance with. promotions. lewd comments.asp" checks and employment checks on former employers. Wrongful Termination . Both of these are forms of sexual harassment. occurs when sexual conduct is a condition of tangible employment benefits. Sexual harassment under this theory constitutes the denial of an employment opportunity because of the individual’s refusal to have sexual or social relations with a supervisor. hostile. One definition of sexual harassment in the workplace. company policy. Gender discrimination in the workplace is more common than not. This illegal conduct can include uninvited touching or groping. religious discrimination. or age discrimination. Men and woman can both be the victims of sexual harassment in the workplace. The first is when a supervisor engages in gender discrimination in the workplace by imposing conditions on the individual. • Sexual harassment and other gender discrimination can violate individual's rights even if the victim suffers no adverse employment decision or economic impact as a result. Sexual harassment or gender discrimination can be demonstrated in two different circumstances. . Sexual Harassment in the Work Place Points: • Unlike other discriminatory behavior. If these elements are present there may be a claim of sexual harassment available against the offending party and can lead to a sexual harassment complaint investigation workplace.Sexual Harassment Sexual Harassment Definition . sexual harassment is an abuse of the employer's power.

discrimination affects many in today’s work force. Wrongful Termination .Discrimination Discrimination Unfortunately. racial. HR templates and calculators when managing your staff. Discrimination comes in many forms from age. gender. following all workplace safety laws and keeping staff motivated are good ways to retain staff. or national origin discrimination. TYPES OF WORK SEPARATIONS . It brings together information. With 20 years of experience in verifying job. Age Discrimination Gender Discrimination Reverse Discrimination Native American Discrimination / Race Discrimination Performance Evaluation Subjective Discrimination Business in Transition Support Business in Transition Support (BiTS) provides information for both employers and employees facing redundancy and retrenchments. Use the sample documents. pregnancy. reverse. sexual orientation. Employing and managing people Knowing the correct wages and conditions for your employees. tools and resources in one place so you get the support you need through the change. references Allison & Taylor can help solve your job discriminationcase by checking what your former boss/employer has to say about you. disability.

in the articles dealing specifically with unemployment claims. but because many companies' benefit plans provide different outcomes depending upon the circumstances in which an employee leaves employment. Voluntary Work Separations Involuntary Work Separations Effect of Voluntary or Involuntary Work Separations Quit or Discharge . This is important not only because TWC applies different standards to voluntary and involuntary work separations. the employee has more control than the employer over the fact and the timing of leaving the work.Key to predicting how an unemployment claim or other type of employment action might turn out is the ability to understand the circumstances under which an employee leaves the company. but other laws will be mentioned where appropriate. The purpose of this brief article is to summarize the most important ways in which TWC analyzes work separations. "Post-Employment Problems". Voluntary Work Separations Top of Page A work separation is voluntary if initiated by the employee. The nature of the work separation determines to a large extent how a claim or lawsuit will be handled. Additional information on this topic can be found in the next section of this book. An employee initiates the work separation if he or she basically sets the ball rolling toward a work separation. That can happen several different ways: .Close Cases Two-Week Notice Rule Ambiguous Notice Resignation Without Notice Voluntary or Involuntary? The first thing to do is determine whether a work separation is voluntary or involuntary. In a true voluntary work separation.

anti-retaliation. and Appeal No. "Constructive discharge" – for purposes of discrimination. Such work separations are generally considered voluntary.see "Unpaid Suspensions" in the article "Unemployment Insurance Law - Qualification Issues" for details. Resignation without notice at all . VL 135. Appeal No. 1197-CA-71. The basic idea is to set a limit for the number of days an employee can be completely out of contact with the company. The concept of job abandonment is generally defined by each company in its employee handbook. although TWC may view certain job abandonment-caused work separations as involuntary. It is mentioned in the following TWC precedent cases: Appeal No. 97-004610-10-042497. work separations that occur under those circumstances may be considered voluntary.Resignation with advance notice . MR 86-2479-10-020687. . Retirement . Appeal No. Failing to return following an unpaid suspension of three days or less . and other laws.a special form of resignation with advance notice that involves satisfying some kind of condition for leaving the company with one form or another of continued benefits. Focus: Job Abandonment There is no official definition of job abandonment in the statute or the TWC regulations. However. and failure to return to work after a period of leave. 764254-2. VL 450. MC 90.the employee gives the employer oral or written notice of leaving in advance. Most companies define job abandonment as absence without notice for three or more days in a row.the employee does let the employer know somehow that he or she will not be returning to work.05 (cross-listed at VL 135.05). MC 135. As long as the employer did not pressure the employee into resigning.05(6). under the law of unemployment compensation. beyond which the company will presume that the employee has decided not to return to work at all.02(2). job abandonment. but with notice given at the time of the work separation . such a work separation is generally considered to be voluntary.this can include walking off the job. Resignation without advance notice.00. wrongful discharge. an employee may be considered to have been constructively discharged if working conditions were so intolerable that a reasonable employee would feel forced to resign.

Unpaid suspension of four days or longer . upon the completion of each assignment if no further work is available the next workday. but in this situation. reduction in force. An employer initiates a work separation by taking some kind of action that makes it clear to the employee that continued employment will not be an option past a certain date. involuntarily separated from employment. this form of work separation is viewed as involuntary. Focus: PRN Status / On-Call.e.same as discharge.in most cases. This includes successful completion of PRN or on-call. as-needed employee would not have anything to do with unemployment claim eligibility. Discharge or termination for misconduct or "cause" . As-Needed Employees Top of Page Status as a PRN or on-call. as-needed employees are regarded as having been laid off.work separation due to work no longer being available because the job is simply finished. as-needed assignments.. For unemployment claim purposes.see "Unpaid Suspensions" in the article "Unemployment Insurance Law . i. a PRN .work separation that the employer views as somehow being the claimant's fault. Temporary job comes to an end . "Mutual agreement" . since it is usually initiated or encouraged by the employer. or downsizing . if no further work is available the next workday. the employer has more control than the employee over the fact and the timing of leaving the work. since on-call. Involuntary Work Separations Top of Page A work separation is involuntary if initiated by the employer. There are many ways in which a work separation can be involuntary: Layoff.may be akin to an economic layoff or a discharge for cause. In such a situation. Resignation in lieu of discharge .work separation due to economic inability to keep the employee on the payroll. the employee is allowed to qualify under a retirement plan. but the employer gives the employee the option of resigning as a face-saving option.depending upon how the claimant and employer explain their respective positions and on what the facts show.Qualification Issues" for details. Forced retirement .

In an unemployment claim. that is the relevant work separation that the agency takes into account. and the company paid wages to the claimant during the base period of the unemployment claim (the chargeback decision depends upon the reason why the last period of work during the base period came to an end). employees who leave voluntarily receive different benefits than those who are involuntarily separated. an employee who leaves voluntarily must receive the final pay no later than the next regularly scheduled payday following the work separation. Under COBRA. such benefits are often reduced or denied. an employee who leaves involuntarily must be given the final pay no later than six calendar days following the last day of work. Such a work separation could lead to a chargeback if the claimant draws unemployment benefits. . What matters is that the employee stopped working for pay at some point. In many companies. Post-termination benefits eligibility under company benefit plans is often affected by involuntary work separations. Involuntary work separation: Under the Texas Payday Law. depending upon the terms of the company's benefit plan. Effect of Voluntary or Involuntary Work Separations Top of Page The nature of a work separation may determine several important things following the decision to sever the employment relationship: Voluntary work separation: Under the Texas Payday Law.employee's work separation date would be the last day of an assignment. if no further work was available on the next workday immediately following that day. It does not matter if a company leaves a PRN employee on the active payroll system for a particular length of time. the claimant who voluntarily left employment faces the burden of proving good cause connected with the work for leaving the job. If the discharge was for "cause" or misconduct. Under the law of unemployment compensation. the employer that initiated the work separation has the burden of proving misconduct connected with the work as the reason for discharge. an employee who was terminated for "gross misconduct" is ineligible for continuation coverage under the company's health plan. In an unemployment claim.

If the encounter starts out as a counseling session or a reprimand. watch out. and it is unclear exactly what happened. Sometimes the circumstances are murky. Here are some hints as to how TWC will rule: Whoever first brought up the subject of a work separation might be held to be the one who initiated the separation. "Mutual agreement" work separations are usually held to be discharges. If a claimant quit. If an employee expresses a vague desire to look for other work. If the employee had no effective choice but to leave when they did. and the employer tells the employee to go ahead and consider that day to be his final workday. It determines who has the burden of proof in the case. he has the burden of proving that he had good cause connected with the work to resign when he did. since no definite date has been given for the final day of work. If he gives two weeks' notice or less.Quit or Discharge . it was an involuntary work separation. and the employee gets discouraged and offers to quit. and ask the employee whether resignation is really what he wants. not a discharge. It would be better to remind the employee that all you wanted to do was talk about a problem. The burden of proof in an unemployment claim falls on the party that initiated the work separation. it might be considered a discharge. If the claimant was fired. If you immediately "accept the resignation". If he then confirms that he wants to resign. it will still be a quit.Close Cases Top of Page The question of whether a claimant quit or was fired is very important. unless company policy promises such a payment. See # 1.) . not let him go. ask him how much notice he is giving. A resignation under pressure is a form of discharge. the employer has the burden of proving 1) that the discharge resulted from a specific act of misconduct connected with the work that happened close in time to the discharge and 2) that the claimant either knew or should have known she could be fired for such a reason. and you accept the notice early within the two weeks. (An employer does not have to pay an employee for the portion of a notice period that is not worked. that will usually not be considered a resignation. and the employer's chances in the case will depend upon its ability to prove misconduct.

If you have an employee sign a prepared. Two-Week Notice Rule Top of Page . watch out. Be sure that any exit paperwork reflects that the employee resigned. place the ball back in their court." Make it clear to the employee that you are focused on improving their performance or on getting them to comply with policies. they have the burden of proving good work-related cause to quit. The best response is something like this: "No. they still have a job to do. If an employee offers to resign. fill-in-the-blank resignation form. thus placing the ball back in the employee's court. that will look suspicious. The employee might claim that he was forced to sign it or else was tricked into signing it. Have the employee fill out a resignation letter in his own words. preferably in his own handwriting. they will have to take the initiative themselves. It would probably be best to answer any layoff requests with a response to the effect that the request is denied and a reminder that the employee is still needed. which will only hurt your case. which means that the offer to resign expires. If the employee persists. and later change your mind and "accept the resignation". and the employee starts badgering you with questions and comments like "Are you telling me I'm fired?".that can be a trap. If an employee asks to be laid off. without saying it out loud. but you instead convince the employee to stay. or "I can't believe you're firing me for this!". Do not prepare a resignation letter for the employee to sign -. If you are merely counseling an employee about a matter of concern. Do not react like some employers have and fire the employee. and then respond to that statement in writing. effectively letting them know. follow that up with a statement to the effect that if the employee no longer wishes to work there. "So you're firing me for this?". and remind them that in the meantime. you have just discharged the employee! Persuading an employee to stay after they have tendered their resignation amounts to a rejection of the resignation. be careful . Once again. if the employee resigns. that if they want out of the company. and the employee's acceptance of your pleas to stay amounts to a rescission of the resignation. attaching a copy of the employee's resignation notice to the response.have the employee prepare their own statement of resignation. they need to submit a resignation request in writing. Remember. if you can persuade the employee to cooperate to that extent. 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. I am telling you that you need to start paying attention to instructions and following the rules.

it will be regarded as a resignation. and you accept it more than two weeks in advance. but you wait until two weeks or less before the effective date of resignation to accept the notice early. with the burden of proof falling squarely on you to prove misconduct connected with the work if you feel that the claimant should be disqualified from UI benefits. and the employee accepts the notice by leaving within the two-week period. and the employee leaves ahead of the final two-week period. If more than two weeks' notice is given. If the employee gives notice of intent to resign by a definite date two weeks or less in the future and you accept the notice early at your convenience. the situation is likely to be considered a discharge.25 in both the Misconduct and the Voluntary Leaving chapters of the agency's Appeals Policy and Precedent Manual. Much would depend upon the individual facts in the case. the work separation would presumably be voluntary in nature. The rule followed by the Commission recognizes that two weeks' notice is standard in most industries. not a discharge. the work separation will still be considered involuntary. If the company has the luxury of needing the employee to actually stay. but you pay wages in lieu of notice for the rest of the notice period. However.let the employee . Ambiguous Notice Top of Page Sometimes employees give murky resignation notices (open-ended. it can try the following to minimize the risk of a "layoff at the employer's convenience" ruling: respond with a memo rejecting the resignation notice . The same rule works in reverse when an employer gives advance notice of a layoff or termination. then the situation will still be judged a quit. although not all claim examiners and hearing officers agree. if the notice is longer than two weeks. However. and you accept the notice more than two weeks in advance without paying wages in lieu of notice (payment for a notice period not worked is not required unless such a payment is promised in writing). or giving employers multiple options). then you would have a good chance of having TWC regard the work separation as a resignation. If the notice is two weeks or less. see section 125.The amount of notice can be important in a TWC case. For more details on how TWC applies the two-week notice rule. and the employer will have to prove misconduct if the claimant is to be disqualified from unemployment benefits. Also. if the employee gives more than two weeks' notice. if more than two weeks' notice is given. not a discharge. and the employee would have the burden of proving good cause connected with the work for resigning.

I worked from ____ to ____.if they resubmit the same letter. Ideally. a total of __ hours. The policy should remind employees to use caution in submitting a letter of resignation. if the employee refuses to give a written notice of resignation. or else leaves under circumstances that make it unlikely that the employee will cooperate and give the company a letter of resignation after the fact. since there is no definite date given for the last day of work. because once the employer takes action on it. such a memo will . it may be too late to rescind the notice. and 2) more importantly. This is just to let you know that the reason I [came into work] [came to work earlier than usual] [worked past my usual end time] today was because ________ called me and said she was quitting and that I needed to cover for her. the coworker would be available later to give firsthand testimony confirming what he or she wrote in the memo. In many such cases. the ex-employee later alleges the company fired them. The most common situation involves a resigning employee quitting without notice. All of this would be aimed at getting a real resignation letter with a definite date of resignation two weeks or less in the future. Invariably. Just let me know if you need me to continue covering for ______. and leaving the employer with no resignation letter to prove it was a resignation. in case the employee disputes that fact in an unemployment claim. informing only a coworker of that fact. To document that the employee resigned. so the employer really needs for the employee to stay.know it is not convenient for the company that the employee resign at that time. with no change in the employment agreement. completely ignore it . it increases the credibility of the assertion that the employee quit. Of course. Adopt a policy informing employees that no open-ended notices of resignation will be accepted .any notice of resignation must contain a definite date of last work. the sudden resignation causes one or more coworkers to have to work extra hours. admonish them that it does not look like a resignation letter. and ask the employee to take it back and not submit it again until they actually want to stop working. Resignation Without Notice Top of Page It can be difficult for a company to protect itself in a resignation case and "prove" that an employee quit." Such a memo serves two purposes: 1) it explains why the coworker worked outside the schedule. I didn't want you to think that I was trying to work outside my schedule. have the coworker write a memo to the employer explaining the call or contact with the ex-employee and why the coworker worked the extra time: "Dear [Boss].

they stay together for a while and then they separate.org/wiki/Employees) 3. An individual who provides services for compensation to an employer and whose duties are under the control of the employer. Let’s understand the term employee.not cover every possible resignation-without-notice situation.princeton.edu/Perl/webwn) 2. Employee Separation – Resignation. According to various definitions an employee can be defined as: 1. (www. most administrative agencies such as TWC decide that the work separation was involuntary.htm) An employee works for an employer and gets paid for his work and nothing else.org/resources/res_news_glossary. but it is an example of how an employer can think outside the box to give itself a little more protection in resignation cases. Termination and Absconding Employee Separation – Resignation. An individual who provides labor to a company or another person (en.wiktionary. This process. if not handled in an efficient manner. a worker who is hired to perform a job (wordnet. can lead to various legal complications. Termination and Absconding Introduction Employee Separation is one of the very important and crucial function / process of HR Department. In close cases. Beginning of the relation is .aspa. Employers should be prepared with both documentation and witnesses to prove their cases either way in the event of a dispute over the nature of the work separation. The relation of an employer and employee has a beginning.

development and etc. And the final stage of the relation is the separation. acquisitions and take-over. 3) Absconding – When the employee decides to leave the organization without tendering his resignation or following the proper process of separation. career management. Types of Separation Resignation – This is the most common way of separation. Employee leaves his job and employment with his employer to pursue better opportunities. Broadly speaking. professional growth. an employee resigns for: 1) Better compensation and benefits . Staying together in the relation comprises the various phases such has performance management. Based on the type of employee that has been hired by the company. Later in this article we will discuss these issues in more detail.called as recruitment process or talent acquisition that passes through selection phase and followed by induction. Apart from the above mentioned. a better position at a better compensation package in a branded company (or better known company) in a same city and country or in a different city or different country. if local or an expatriate or a national of other country or if an employee is hired through outsourcing agencies. 2) Termination – Employer decides to break the contract of employment. during the process of mergers. or any other legal intervention by the state or central government. in normal scenarios the separation between employer and employee can be due to any of the following three (this will be discussed in detail in subsequent paragraphs): 1) Resignation – Employee decides to leave the organization. the process of separation and the documents involved in it also differs. So. the relation between employer and employee can also be terminated during the lay-offs (Financial or economic crisis).

Absconding . 4) If the employee has committed any crime outside the office and after working hours (such as murder or getting involved in terrorist activities or theft or any other civil crime). He does not care to hand-over his stuff. BPO and other high-stress industries). 3) If there is a work-pressure and stress and the individual is not able to cope-up with it (as it happens in call-centers. In termination. There can be many reasons for an employer to terminate the contract of employment but some of the common reasons are: 1) Non-Performance 2) Indiscipline 3) Misconduct 4) Insubordination 5) Theft and etc.2) Higher position / level 3) Challenging role 4) To move from an unknown or lowly branded company to a highly branded and reputed company (Top 10 or 25 companies in the world etc. it becomes very important to understand his motives and intentions. this process is perceived negatively by employees.This is one of the most unethical. . 2) If the intentions of an individual is to commit a crime. unexpected and unprofessional way to terminate the contract of an employment. In case an employee decides to abscond (or run-away). an employer uses his right to terminate the contract of an employment.) 5) For foreign or international assignments Termination – Usually. Employees can abscond in either or all of the below mentioned circumstances / situations: 1) After stealing the confidential information or documents or database from the company. In this. on one fine day an employee decides not to go to work.

Employee has asked for leave due to some urgency at his home (or might be he is trying to escape from his work responsibilities) and at the same time his team also needs him in the office and his leaves are not approved. If possible. try to address the same with the concerned person. explain to him the grading system and compensation package of your company and also share with him the minimum possible increase that he might get in his next appraisal but do not give any hike . or some conflict with a team-member or some other human issue. The Process of Separation Resignation Once an employee gives his resignation to the department head or the management. 1. such as. They are too weak to face the reality and challenges of life. “we will give you a promotion in this appraisal” or “will send you overseas for an assignment” and etc and etc. Preferably the meeting should be scheduled within 24 hours or else it will give an impression that “no one really cares”. it is important for HR to schedule the first meeting with him. when priorities are different. If an employee has given his resignation because he is getting a better compensation package. If the root cause is an issue with the reporting manager of an individual. He assumes few things and do not really try to face the challenge. Employees that abscond have different personalities. Do not make any commitment that you might not be able to fulfill. 6) If he has got some exceptionally good opportunity that requires him to join immediately and he feels that the process of separation in his company is a bit too complicated. 3.5) Then. Being a neutral department. show him his performance records. explain to him the Performance Management System and Career Management System of the company. They are cowards to take the problems head- on. it is a personality issue. If the reason for resignation is better opportunity or a higher position. They are low in confidence. 7) Lastly. the meeting should be administrated by HR Manager (Employee Relations Manager) or anyone senior to him to understand the root cause of separation. 2. They feel that running away from the problem is as good as solving the problem.

So. sincerity and dedication in their work. demands and requirements of one individual. then relieve the employee as soon as possible. should instruct the IT . branding and positioning of the company. Any other reason of resignation. 2. Hence. such as policies of the company. Let the departing employee complete all the tasks and assignments he has in hand. it is important to relieve them as soon as possible rather than them coming to the office and wasting the time of people who are dedicated to their work and resources of the company. on the date of acceptance of resignation letter. issue the “letter of acceptance of resignation” to the concerned employee and inform the IT. benefits. 3. Once the resignation is accepted. Responsibility of the Department Head: Now.immediately. After the meeting give your feedback to the department head and advise him on whether to accept the resignation or not. don’t show any blood to the lion. Responsibility of the HR Department: HR. working hours and etc. if more employees are leaving the organization for one specific reason then the management should address the matter but this should not be done for one specific employee. It is a proven fact that once an employee decides to leave the organization and gives his resignation. Payroll and Finance Department. 1. they show less commitment. the department head needs to plan the process of handover of duties. If there is nothing to complete and proper hand-over is done. Do not assign any new project or assignment to this employee. Such issues cannot be changed to suit the needs. are beyond the preview and scope of this discussion with HR. You might be required to repeat this exercise after another couple of months. However. projects and assignments to other member(s) in the team.

department to keep track on all the outgoing emails from the system of separating employee. healthcare insurance provider. landlord and other service providers. HR should ask the concerned employee to obtain no-due letter from all the concerned departments. the company should also give him the relieving letter. On his last day. He should not be allowed to copy or edit or delete any file from his system. the immigration office of the concerned country about the company’s disassociation with the employee. care must be taken to document all the incidents that have led to the termination of an employee. Warnings (oral and written) were issued to the employee and the whole incident is properly documented. the process will be the same except that the involved stake-holders will be more. till the very last day of the employee in the organization. the HR should also inform: 1.) Termination Termination can be challenged in the court of law. Hence. the banker. the company should take care that the proper procedure is followed. HR should calculate all the amount payable to that employee and the payment should be made on the last working day of the employee. in addition to various departments within the company. All IT permissions and rights should be withdrawn from that employee and he should not be allowed to send any email to any other email ID except the office email ID’s. 1) (This is to ensure that these stakeholders shall not disturb the company to recover any cost or loss due to its ex-expatriate employee. . Therefore. An expatriate employee is a responsibility of employer and hence care should be taken to ensure that everything runs as smooth as possible. In case of expatriate employees Even in the case of expatriate employees. 2. In case of disciplinary action.

in case of non-performance he must be paid for the notice period but in case of any disciplinary action. Employee should be given the letter of termination clearly specifying the reasons of termination. he should not be. Action required Parties involved in the termination process include: 1) The Reporting Manager 2) The Department Head 3) The HR and / or 4) Any other senior member of the department Once the decision is taken to terminate the contract of employment. Expected performance level c. Tasks given b. Shortfall f. files and etc. the company should seize all the belongings of that employee – such as computer.In case of non-performance. laptop. Inform the immigration office of the concerned country about the company’s disassociation with the employee. the required documents must include: a. Company should also inform . Actual performance e. Evaluation criteria d. access cards. drawer. ID Cards. theft or misconduct. For example. Based on the severity of the case. In case of expatriate employees 1. The entire amount due to him must be recovered. Company should recover all the required documents. 2. the company might decide to pay the employee for the notice period.

Take the help of Systems and Networking department to analyze all the emails that has been sent from his computer and to whom. try to contact him on his mobile phone. such as access cards. On the first day of his disappearance. confiscate his workplace. Corporate Credit-card. arrangements should be made to ensure that the terminated employee take the flight to his home country. Seek legal help to recover your costs and /or any other items or products that has been issued to him. This is to ensure that the concerned employee doesn’t stay illegally in the country or commit any crime before leaving the country. Laptop. drawer etc. If there is no response from his side then strike-off his name from your payroll. . If possible. As per the employment laws in various countries. 3. ID Cards. In case of local employee: If the employee did not come to the office and nor did he informed about his whereabouts. healthcare insurance provider. Absconding Employee This is one of the most complicated ways of separation.the banker. as applicable. his computer. Even if that is not working then speak to his friends in the office to assess the situation. Stop his salary immediately. If he is not answering his calls or his mobile phone is not working then try to call him on his residence number. send him three official notices starting from the second day of his disappearance and send every subsequent notice after every three days. Car etc. landlord and other service providers. House. In case you are not able to get any information about the employee then assume that he has absconded.

In case of Expatriate Employee If the employee did not come to the office and nor did he informed about his whereabouts. If he is not answering his calls or his mobile phone is not working and also there is no response from his house. Check. such as access cards. it is important to report the matter to the police. Sudden disappearance can be interpreted in many ways. he might change his mind. Conclusion The processes described in this article are just the general outline that must be followed in case of any separation and not any industry or company specific processes. if not today then tomorrow. or he might have got himself involved in any civil crime or criminal activity. The process described here is more amicable and ethically correct. such as – any accident. . he might have run- away from the country for any of the reason listed above. try to contact him on his mobile phone or any other phone number as available in company records. if the person is still in the country or he has already left. ID Cards. Based on the employment laws applicable in the countries that they are operating in. provided the case against the employee is not very severe. For all reasons and for the safety of the company. Stop his salary. if the employer decides to terminate the contract. as may be applicable. Submit the copy of the police report to the Passport and Immigration Office of your country and also send the copy of the report to the Consulate or high- commission of the respective country. healthcare insurance provider. Report the matter to the police within 24 hours. he might have stolen the confidential information from the company. Laptop. Once an employee decides to resign and leave the organization. On the other hand. Seek legal help to recover your costs and /or any other items or products that has been issued to him. whatever you may do but he will leave. Also inform the banker. companies can choose to be more stringent or lenient in their approach. Corporate Credit-card and etc. then speak to his friends in the office to assess the situation. landlord and any other service providers of the concerned employee.

Absconding. as mentioned above is in itself is a crime. make sure that you document all the incidents in a chronological manner and have in your possession. such people just give-up without even making an attempt. all the required evidences. Unfortunately. As an employer. Employee separation is a big process and does not involve unilateral decisions. Be professional. These people run away from the reality of life and from the challenges that life offers to get best out of you and to make you master. do it in a more professional and acceptable manner. something that only coward people do. As an employee whenever you decide to leave the company. decision of resignation cannot be challenged in any court and it is considered as a right of an employee but decision of termination can be challenged. . whenever you decide to terminate the contract of employment of any employee. Be accurate.