Most employers have been confronted with a similar situation: An employee walks into the office/workplace and gives their two week notice. The question that the employer then faces is simple...now what? While simply saying "Ok" to the employee's resignation and going back to work is not the best way to handle the matter, it is important to take a few steps so there is no confusion about what will happen next. While this resource is not the definitive guide on the topic and not intended to serve as legal advice (those experiencing a similar situation should consult their HR representative and/or employment law attorney for guidance), it provides a framework that can be referred to when needed.
The Employee Gives Their Notice
Let us start at the beginning, the employee walks into your office and gives their two week notice. (Of course, not all employees give two week notice. Some might give more, some might quit on the spot.) As any good professional would advise, while an employee's decision to quit could be taken as a slight by the employer, it is important to remain level headed. It might be a good idea to inquire about where the employee is going (they are likely excited about a new position and might express their interest in the new opportunity. If that is the case, that is fine...we have all been in that boat before), congratulate them on the new position, and express regret about losing them. Do not argue with the employee, threaten them, disparage them/their work not that they are leaving, etc.
Assuming the employee gives two week notice (or at least a few days), the employer must decide whether to let the employee remain on for that period of time or instead send them home immediately (with or without pay.) Note, of course, the employer's decision will depend in part upon whether the employment relationship is at will or whether an employment contract exists.
As employers have likely come to see, losing a valued employee can be difficult. As a result, there is often merit in letting the employee stay on so that the employer can find a replacement, ensure a smooth transition, etc. However, if the employee was not one of the more stellar workers, this might make the decision easier for the employer. I know I have been in a work environment before when a difficult employee gave their notice and the employer simply let them leave that same day. Every situation is different, but I again caution employers to not let their emotions get the best of them and simply tell an employee to go home that same day (just because the employer is upset/hurt that the employee gave their notice.) Without a transition plan in place, letting a good employee go that same day just to "save face" can make the transition much more difficult for the employer.
To Counter or Not to Counter, That is the Question
Upon receiving the employee's notice to quit, an employer might take steps to try and keep him/her. While this likely does not apply in every situation, there are often employees that become an integral part of the operation and that an employer wants to keep. If that is the case, it might be wise to inquire about the employee's new position and make a counter offer to keep them. Of course, the employee might be burnt out, looking to move on regardless of what is offered, or is simply transitioning to a new phase of their career and therefore not interested in any counter offer made. If that is the case, no harm no foul. While it is always tough to lose a good employee, if a counter offer does not result in keeping the employee, all that can be done is for both parties to move on.
Paying the Employee
The decision over whether to pay the employee is often one of the first things to cross an employer's mind once they receive an employee's notice. When an employer tells the employee to go home early or does not
have them complete the entirety of the two weeks is when this can
become a tricky situation. As noted, the decision on whether to pay an employee that gives their resignation notice can depend in part upon whether the employee is at will, has an employment contract, what an employee manual says, etc. Of course, if the employer allows the employee to stay on during the two weeks (or for any period after receiving the employee's notice), the employee will need to be paid for their actual work done...or the employer could risk facing an FLSA wage claim. As a result, it is always a good idea to have a provision in an employee handbook which spells out how this payment situation will be handled. That way, there is no confusion and a potential dispute over pay can be avoided.
Handling the Resignation With Other Employees
Remember when I mentioned above that employers should keep calm and not get upset when an employee gives their notice? This is all that much more important when an employer addresses the matter with other employees. (While some employers might want to remain silent, not say anything, and pretend nothing happened, when John Doe or Jane Doe suddenly stops coming into the office one day or someone takes their spot, employees are going to start wondering what happened.) It is important not to play politics or bad mouth the employee. Just imagine, what will other employees think when they hear their employer bad mouthing or disparaging that employee? That is one way to certainly lower office morale... Instead, addressing the matter with employees that John Doe or Jane Doe is leaving on XYZ date, a new employee will be starting on ABC date, while the company hates to lose John Doe or Jane Doe the company wishes him/her luck in their future endeavors, and any questions should be brought to HR, is a better way to handle the matter.
Conducting an Exit Interview - The Pros & Cons
Have readers ever seen The Office episode when Toby (from HR) quits and Michael is beyond excited when he remembers he gets to do the exit interview? (For those unfamiliar with the show, Michael considered Toby his mortal enemy. Unsurprisingly, Michael wanted to use the exit interview to make one final jab and needle Toby.) While that scene is quite humorous, I would not advise employers to implement a similar strategy. Instead, an effective exit interview can be used by an employer to ask the employee questions about the work environment, things that could be improved (both about the workplace and the position), and open the floor up to the employee to offer some thoughts.
It would be likely that the employee would feel they could speak freely (without the fear of withholding comments or critiques as they might have done when they were still employed), so while an employer might be taken aback by some comments, it is important to listen carefully and not let pride get in the way. While some employers might think they run a pristine operation, it is likely that improvements/changes could be made to make things more efficient. Oftentimes, an employee that has been in the thick of things for a while might have a new idea on how to improve a task, streamline a process, etc. that the employer might not have realized.
Of course, some employees might be spiteful (perhaps they are burnt out, upset with their employer for whatever reason, etc.) and attempt to complain, criticize, and use the exit interview to vent their frustrations. If that is the case, the employer could always choose to steer the exit interview back on track or simply end it altogether. I think this really comes down to how the exit interview flows and whether it seems to be a productive use of time or simply a waste for all involved.
Plan for the Road Ahead
Some states require employers to maintain employee records for a set number of years after the employment relationship ends. Depending upon the laws in your state, it is imperative to not go on a rampage and shred documents once the employee walks out the door for the final time. As well, it is also a good idea to retain employee records (including HR files, documented complaints, performance issues, etc.) in the event the employee turns around and files a discrimination, wage and hour, harassment suit (among other potential claims). Retaining these documents could become imperative if it becomes necessary to defend against a suit down the road.
Do Not Burn Those Bridges
Regardless of the line of work or the size of the city, it is a small world out there. All parties should attempt to leave the employment relationship amicably and not burn any bridges. After all, maybe the grass is not greener on the other side or the new employee turns out to be a disappointment. It is possible that in three months, both the employer and the employee that left will want to restart the employment relationship. That can be hard to do if the employer argued with the employee over the resignation, took the matter personally and berated the employee, lambasted the employee for wanting to leave, etc. (Keep in mind, this applies to employees as well...often, some employees that resign leave their position with very little grace and professionalism) As much as it might seem to be helpful to vent and express any frustration over the resignation, this can often spell trouble down the road. Be careful.
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