Does an employee have to honor their “notice”?
Question by Mac: Does an employee have to honor their “notice”?
One of the staff that I supervise gave me notice three weeks ago that he was quitting. He never set a specific date saying he had to talk to his lawyer to find out about his obligations for dependent health insurance from a recent divorce. Finally, after a no-call-no-show, toxic attitude, and clocking out and leaving yesterday for 2 1/2 hours I fired him. He went ballistic. After a profane tirade he told me, “you’re gonna get yours.” Does he have a case for unemployment and should my employer be taking any steps for my safety? What are your thoughts.
He has 2 assault cases with court dates next month.
Best answer:
Answer by Stuart
An employee who does not do their assigned tasks, who does not work their assigned shifts, and who brings disruptive attitudes to work is not living up to the expectations that would have them stay on the payroll.
Sounds like you let him work there about two weeks longer than I would have.
He does not have a case for unemployment, since you fired him for cause. You will probably have to testify at a telephone conference if he files for unemployment.
I would contact the local police and make them aware that he is not allowed on the property anymore, and I’d make certain that building security, receptionists, and all of the other supervisors and managers know that he is gone and is not to return.
Unless you think he has the ability to get violent, I’d leave it at that.
- Stuart
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There are a few things that are considerations.
1. Is this person a union member?
2. Is this a “right to work” or “employment at will” state?
Let’s assume no to 1, and yes to 2….
the answer is then… Maybe toward unemployment benefits. It depends on the unemployment law in your area. However, in most cases, if a person if fired for cause or they leave of thier own accord, they do not have a case for unemployment. If they are fired without cause (most often called laid off) then they have an almost iron clad claim, however, your situation OBVIOUSLY doesn’t fall into that category.
On the safety point. Your employer has a reasonable responsibility to ensure employee safety. That does NOT mean that they have to hire guards or things of that nature. Locks on doors, and sign in procedures are considered reasonable. If you honestly feel you are in danger, that’s what the police are for. Call them and file a report. Most often, they can’t do anything without subsequent threats, but it gets it on paper in case those subsequent threats occur.
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LikeDislikeYes he will get unemployment because he was fired (unless he stole or destroyed company property) but as far as anything else (such as legal action on his part) he can not because even though he gave a notice he did things that showed he did not care about his job anymore. He probably thought because he was getting ready to quit he could get away with things. Bar him from the company property and if he comes there again, call the police on him.
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LikeDislikeAn employer does not have to honor an employee’s notice especially when the employee then acts as this guy did. A lot of employers will terminate an employee as soon as notice is given (security reasons). He has no case for unemployment. He was fired for cause prior to a voluntary quit.
Whether or not you should be given protection depends on how potentially violent you reasonably think this guy can get. If you can convince your employer to get you some sort of protection, good for you but I think it’s a long-shot.
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