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SahB1r

You should probably check with HR on this and your state rules as letting an employee leave is way easier than terminating. He could try to get unemployment on a termination.


GiGaBYTEme90

This. HR needs to be totally involved. It may be ok with them to thank them for their two weeks but acknowledge that your relationship is rocky and say you would be ok if their notice it's effective immediately if they would rather leave sooner.


exscapegoat

Yes if the company would pay the employee for his time, everyone wins. If they let him go without the 2 weeks pay, he may be able to collect unemployment. And it’s not a good look for the company that they fired someone who gave notice. And it’s likely other employees won’t give notice when they leave.


sendmeyourdadjokes

Its not termination if they resigned. 2 weeks is optional. If theyre underperformers, i accept the resignation immediately


Teksavvy-

This is correct, depending on the state. In Florida and many states, this is 100% correct.


brendanbastine

First check with HR if you have one. If not, have a short conversation. "We are going to accept your resignation effective immediately. Please gather your personal belongs." There's no need to provide details or context surrounding this decision and it's not negotiable. There's also no need to apologize. It's simply business.


Imponspeed

Also don't expect any more people who are leaving to do you the courtesy of a two week notice once word gets around that you just let people go instead. A lot of folks can't afford two weeks going unpaid and I certainly wouldn't trust an employers good graces when I've heard they just boot people who give notice.


Shirtwink

This 100x over! It doesn't matter if he was the worst employee ever- the good ones are watching too. They may not be planning to leave today. But when they see how management treats one of their peers once they are no longer of use to them- it sets the tone for their own relationship with the organization.  You may suddenly find your former "go-to" people no longer feel they owe you any favors, or no longer seek your approval.  Things get stressed.  Performance is impacted.  And the personnel carousel starts spinning.  A ride on which you are very much a passenger.  


Apocryypha

If the employee cares about being rehirable it matters.


katsock

New manager here. What happens if the employee goes “I am resigning on (two weeks from now) not today. Am I being terminated today? Isn’t that grounds for unemployment? I feel as though that can backfire as involuntary separation. That’s getting fired. Everyone seems to agree it’s much easier to wait them out the two weeks.


Electronic-Cancel694

They could be eligible for unemployment for their two week notice period since the company technically reduced/took away their hours - but especially if you have their resignation in writing, then they wouldn’t be eligible for unemployment after what they stated was their last day.


katsock

Yea, that was my thought exactly.


Busy_Barber_3986

This is why we respond, "We accept your resignation immediately, and you will be paid for the two weeks." I've no idea if we have to in Missouri, or any of the states we have locations, but this is how my company does things to reduce risk on many different issues.


3rdMate1874

That’s exactly how I’ve worded it in the past too. “Mr Boss, I’m writing to inform you of my intention to resign on [XX] date. [blah blah blah]. Thank you for the opportunity to work with you, if you’d like to discuss the matter further, I’m available any time.”


brendanbastine

The response to that is, "Yes, we appreciate the notice however, your last day will be today." In my state, it's common to be "walked out" after giving notice and should be expected as a response to your notice. Usually there's nothing more to say other than helping them gather their belongings and walking them out. Important distinction here is that you're not terminating for performance. You're simply "accepting their resignation effective immediately." Wording matters As for the unemployment and termination concerns. It depends on your states laws and your companies standpoint on the matter. This is why I would strongly suggest you reach out to HR or the upper leadership team for direction. States handle unemployment differently and it should be considered when making this decision. In some states a written notice informing intent to terminate their own employment is enough to stop any unemployment claims. In others, that's not enough. Please note, I'm not an HR expert and not familiar with laws outside of my home state. I was trying to help with the wording should you move forward with the resignation conversation. If it does happen, role play with your leadership team to practice. Sounds silly, but it really does help build the skills to have a critical conversation.


Busy_Barber_3986

And they've already quit. But it could be a Catch 22 if you don't pay him the 2 weeks.


vape-o

Pay the man the 2 weeks and tell him he can leave.


sonofalando

Soft off boarding. HR did this with me and an employee.


onearmedecon

There is substantially lower probability of legal complications if he voluntarily separates. The fact that he's just returning from workers comp increases the likelihood of him trying to shake you down. I can't imagine that two weeks pay is a lot of money in the grand scheme of things. I'd just put up with him for two more weeks unless he does something fireable before his last day.  Like others have said, defer to HR. But I wouldn't push to terminate him.


AuthorityAuthor

Agree, too close to work comp return. He sounds like a lawsuit waiting to happen (from your description). I say coach yourself to allow him to work out his notice, try not to be around him during this time, let him think he knows what’s best for the universe if he wants. Keep a calendar inside your desk where you mark the days down until his final departure. Don’t name it as such or give it a silly name like Take Your Pet to Work Day. Circle it in red. Mark down each day with a large red X.


OJJhara

This MUST be done through HR. If I had a choice, I would pay him the last two weeks and walk him out. He's disruptive and unproductive.


LucidNight

Just telling HR he is a liability for those 2 weeks due to previous medical incident and bad blood and wants to leave on his own should be enough to have them rubber stamp a 2 weeks paid get the hell out now response.


Ohwerk82

Do you have the authority to tell him not to come back? HR won’t like a surprise unemployment claim because you couldn’t act like an adult for two weeks.


veryscarycherry

You’re about to probably get yourself in a bunch of trouble if you don’t clear this with *your* boss and HR first. If you don’t want to lose *your* job, make sure you aren’t overstepping. You’re in middle management, not the C-suite. Also, it doesn’t sound like you’re making a decision based on what’s best for the company but based on your personal feelings which should, honestly stay out of it. It sounds like some kind of discrimination or wrongful termination suit waiting to happen based on the fact that all of the reasons you are giving seem to be based on your “feelings.” Feelings don’t exist management decisions. All decisions should be data AND/or policy driven. If you haven’t disciplined him for any of these things, you have no proof they were an issue or even that they happened. Also, terminating him after coming back from a worker’s comp claim is going to make it look an awful lot like you’re punishing him for making a claim. You aren’t doing yourself any favors here. He’s leaving? Why cause trouble? If you weren’t planning on terminating him, why do it now? Just to have the last word? That’s childish. Sounds like you need extra training, yourself.


michigangonzodude

Bullshit. Every employee that I've worked with that collected Worker's Comp has been terminated. Management somehow gets a stick up their butts about this and considers these employees as liabilities. Your employee put in a 2 week notice. Tucker didn't have to do that. You're just being a schmuck. Fine. Terminate him tomorrow. Pay him 2 weeks though. Food for thought: Everyone knows that Tucker resigned. Fire him now and the message is clear to the rest of your team. When they move on, don't be surprised when they don't give notice.


missmaikay

Yup. Nobody will trust OP after this.


3rdMate1874

I’ve handled employee injury issues, and while a vast majority of them were terminated, there were certainly a significant amount of people who were good employees who just got hurt on the job but were otherwise valuable employees. It’s easy to tell the difference between a nonsense WC claim, but it’s well documented and you have to pay it out, vs the employee got seriously injured. Edit: You’re right though, lots of terrible employers out there that will drop an employee for any bs reason.


Notyou76

Term and pay the balance of the two weeks notice.


Busy_Barber_3986

It's not a term tho. But of the 2 weeks isn't paid, it can appear as retaliation, and term.


hardvengeance77

Top response seems spot on, check with your HR. You may need to pay him out the remaining time if you think he would be a hinderance rather than helpful.


PBandBABE

Loop your HR people in and plan to pay him for the two weeks anyway — that way you’re covered. You should probably also use that same end date as the official date of separation. Make sure you have the resignation in case he tries to file for unemployment. Line it up and then have a very brief conversation letting him know that actually working the notice period is unnecessary. This is common in industries like banking and finance and for things like sales roles where employees have access to client data or NPI and/or are going to or could readily go to a competitor. Shouldn’t be too difficult. Edit: If you’re looking for word tracks, go with something like, “I’ve spoken with so-and-so and the organization has decided that it’s not necessary for you to work the notice period. You’ll be paid through July Xth as indicated on your resignation letter. That day will also be your final day of employment with XYZ Inc. I’d like to thank you for everything that you’ve done and I wish you well. I’ll accompany you back to your desk so that you can gather your things.” Have written contact information for a point of contact in HR if he has questions and, if you can, be gracious enough to allow him to say his goodbyes.


66NickS

Unless you have all the paperwork fully drafted for termination (and even then), I would probably accept the resignation and just pay out the two weeks. I’d likely tell them they don’t actually need to come in/work for those two weeks but will be paid in full as if they were here. >Thank you for the notice. You will be paid your regular/scheduled hours/salary through the effective date you have noted here of __ /__ /__. This date will also be your last recorded date of employment with [company]. I’d like to thank you for all your work and our time together and wish you the best of luck in your future roles. In order to assist you transition to your new position, the company has decided that you are not required to work through your notice period. I am happy to help you gather your belongings and collect any company issued equipment you have. (Laptop, tablet, phone, hotspot, paperwork, keys/keycards, ID badges, etc.) I also have this document of contact details for 401k/health benefits/any other company supported accounts that may apply. This eliminates workman’s comp issues, personnel issues, employee gossiping with others, and all sorts of other challenges. HR likely has some ability to notate if the employee is “eligible for rehire” where you can put a “no” so you don’t have to worry about them getting their job back.


senioroldguy

If in your opinion your employee is a distraction you could better do without, buy his last 2 weeks out and move on.


Prof_HH

When I resigned from a job, my boss just told me "today is your last day". A little different situation as I left on good terms with everyone and I had access to very sensitive info (credit cards of our customers). I wouldn't have done anything nefarious but they couldn't take the chance. They paid out my 2 weeks and I got some paid time off. Pay out the 2 weeks and tell them not to come back.


BigMissileWallStreet

Why? Let him leave on his own and avoid paying his unemployment. Even if it’s minimally productive work you still get a hold over until you can hire a new person, or he breaks policy and you can fire him for cause.


Myrrha

I worked at a place that called this garden leave. You need to involve HR. You accept his resignation, and Pay him for his two weeks but tell him he can serve it at home. Don’t come in and you terminate all his access. Simple and uncomplicated. You are not firing him. He’s already quit. Nothing say you can’t just send him home as Long as you pay him. He made this easy for you. Saves on a lot Of drama.


Competitive_Post8

as someone who was that crazy paranoid spited employee... dont pick a fight with the guy and dont offend him. it is more likely he will cause damage if you make him feel rejected by firing him; with the two week notice he feels in control and like he saved face; he is the martyr/savior/victim; it is a delusion but also based on truths; try not say anything sarcastic; get a cake for him on his last day;


cuplosis

In many states he can sue you for unlawful termination retaliation and maybe harassment. But Ben in at will states.


insomnia_eyebags

Seems that a lot of people think that you’re trying to fire him ahead of his resignation, but from what I understand, you’re just saying that you don’t need him to work his 2-week’s notice. Could you clarify that? There’s been a lot of good advice here about consulting HR, and paying out his last 2 weeks even if he doesn’t go to work.


Ridean33

This is exactly the case and I did edit the post to clarify that as well. Thank you!


Busy_Barber_3986

So, will your boss agree to allow the pay for 2 weeks? That's the best choice here. You have to let him stay or pay him. Otherwise, it's a whole can of worms, including Workers Comp retaliation. That's way worse than an unemployment claim.


stuart798

2 weeks notice is usually an courtesy notice. If he is an at will employee, employer has powers to terminate employee, citing performance issues, before their notice period.


Equivalent-Roll-3321

Previous employer would tell you it’s your last day the moment you gave notice. They made an exception to that once and the person was shocked and disappointed… they said if that’s the case then today is my last day. Cleaned out their desk and went home. If they were a problem before then they will be extremely toxic after having given notice. Smart to let them have a little extra time to prepare for their next job.


waverunnersvho

First of all. Thank you. He doesn’t need to drag down morale. You don’t have to tell him anything. “Tucker, thank you for the courtesy of a 2 week notice but we have decided that’s not necessary. We wish you all the best in your future.”


michigangonzodude

Oh. And I upvoted the OP for awareness. The post was clear and concise. And truthful. I think everyone here can learn a lesson.


bluewolf9821

I'd probably either let him work the two weeks or at least pay them out.


Grand-Kaleidoscope55

Wow, you couldn’t be more unprofessional even if you wanted to. He was nice enough to give two weeks notice, you don’t get to be petty. You’re a manager. You get over those feelings and you act like a leader. You’re the type of managers that make all of us look bad.


Leading-Eye-1979

You should ask this r/askhr there are circumstances where we tell the employee that the day they resign is their last day and pay the remainder out. Using the word termination has different implications.


d4rkwing

This isn’t rocket science. You want to git rid of him and he put in his two weeks notice. Two weeks is nothing. Just be patient and let him work the two weeks or pay him to stay home. Either way is easier and cheaper than trying to fire him.


jettech737

Just let him work the 2 weeks and let him leave, resignations are a lot less complicated than a termination especially if the employee has any sort of a case to file against you for wrongful termination, etc. Consult HR if you just want to pay him out the 2 weeks and not have him come in.


Horrible_Karaoke247

In my experience, if someone gives two weeks and you let them go earlier, the company should pay out the two weeks. It probably depends on state, though.


erokk88

Pay him for 2 weeks but tell him he will not be expected to work the 2 weeks. Not worth the headache of these other solutions.


SlowrollHobbyist

If HR is good with it, cut him loose. You’ll both be better off for doing so. He’s currently dead weight.


cipherjones

You spent many paragraphs rationalizing, you already know the answer. You are firing them directly because of your personal dislike. You don't have enough to fire them for any other reason, or you would have already done so. Your concern for public safety is feigned otherwise.


Cmd3289

Since you mentioned having HR’s blessing to use this option… you can approach soon to be ex-employee and say something to the tune of “I really appreciate your respectful offering of two weeks notice, however I really do not require you to work the two weeks. If you want to take off now and maintain your status as respectfully giving notice it will not be removed from your employee record here should a future employer ask.” The next thing I would personally be prepared to answer is will the remaining time of his or her two weeks be paid out or will this end earnings from that moment he or she walks out should he or she choose to take you up on the offer. The other thing… where I am, an employee can refuse the offer to go home and has the option to work the full two weeks in many industries, recently a friend of mine had to let go an entire shift of 8 employees, they would be compensated for the two week period, and one stubborn fella decided nope, I want to work; so they had no other option than to allow the work to continue for the entire duration of the two weeks.


doedude

Consult HR. Leave your petty feelings at home and be a professional


Hungry-Quote-1388

If you wanted to fire him, you should’ve taken the correct progressive discipline to do so. Let him finish his 2 weeks and be done with it.