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Oracle Tips by Burleson |
Allowing
for Resignation
The IT employee may be saved the embarrassment and
troubles of being fired if the employer agrees to allow him or her to
resign and the employee accepts. The employer will also benefit by the
fact that their staff will not have to psychologically deal with the
situation of someone being fired from within their ranks. Team morale
can easily be hurt by such changes in the dynamics of the IT
organization. Saving face on both sides will provide a calmer and more
civil remedy for separation of employment and avoid the possibility of
wrongful termination
altogether.
If an employer enters into a release agreement
with an employee who is age 40 or older, there are certain
requirements that must be met by the employer to comply with the Older
Worker’s Benefit Protection Act (OWBPA).
These requirements ensure the validity of the
employee’s waiver of rights and include (1) a 21-day review period and
a seven-day revocation period, (2) written notice to the employee that
he or she has the right to an attorney before signing the agreement
and (3) the agreement is in language that would be understandable to
any employee.
Managers can often encourage an errant employee
within the law into quitting, rather than face the shame of a forced
termination.
The Option for Resignation Story
There was an IT employee who would disrupt the
operation of the team by lying, spreading false rumors, mistreating
co-workers verbally, hiding his mistakes by deleting log information,
and attempting to frame other employees for his errors. He was very
unethical and had no integrity.
The company wanted to terminate his employment.
His manager took him aside and told him his chances were up. He was
not working out and was going to be fired by being walked out the door
immediately by security, unless he resigned from
employment. Upon resignation he could leave with two weeks of pay. He
chose the latter option, and the company accomplished their objective.
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