Employee declines new position

Last post 08-17-2009, 9:48 PM by TXHRGuy. 7 replies.
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  •  08-13-2009, 11:54 AM 9048

    lashefHR is not online. Last active: 09-29-2009, 9:28 AM lashefHR



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  • Employee declines new position

    We have a  job share team where we terminated one of the employees. The other employee was offered a full-time position, but is declining the position. Is she terminated or is she resigning from the job?
  •  08-13-2009, 5:22 PM 9050 in reply to 9048

    SubGrapHR is not online. Last active: 03-10-2010, 1:14 PM SubGrapHR



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  • Re: Employee declines new position

    Personally, I would need more details given the situation in order to answer accurately.  Any policies governing this job share system?  She is turning down the FT position to keep her PT position?  Sounds like you have a bigger issue on your hands regarding this team if one person gets termed and the person you want to fill this role wants nothing to do with it.
  •  08-14-2009, 12:06 PM 9051 in reply to 9050

    lashefHR is not online. Last active: 09-29-2009, 9:28 AM lashefHR



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  • Re: Employee declines new position

    She declined the position because she did not want to work FT hours. It has nothing more to do with anything than that. In addition, she call on Thursday to decline the FT role and did not show up for work which would have been a normal day of work for her. Is this an involuntary termination or a resignation. How about job abandonment after 3 days?
  •  08-14-2009, 1:53 PM 9055 in reply to 9051

    TXHRGuy is not online. Last active: 03-17-2010, 12:41 PM TXHRGuy



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  • Re: Employee declines new position

    lashefHR:
    She declined the position because she did not want to work FT hours. It has nothing more to do with anything than that. In addition, she call on Thursday to decline the FT role and did not show up for work which would have been a normal day of work for her. Is this an involuntary termination or a resignation. How about job abandonment after 3 days?

    Several things at play here.

    An employee who does not tell you they quit, in writing or at least in front of a crediable management witness, did not quit.  Period.  Preferably with a written policy in place, you can deem an employee to have resigned after they have failed to appear AND failed to make contact for 3 consecutive days.

    If the EE calls you every other day, you need to invoke some other practice or policy (e.g., attendance) and terminate the relationship when the policy or practice says that is a required or potential outcome.

    So, where it stands now with the information you have presented, it is neither an involuntary termination or a resignation and you have some options depending on what you want to do.  Resignation, deemed or EE declared, is not up to you: it has to come from the employee.

    The employer has the right to set the schedule.  Assuming there is no prior arrangement with this EE that they would not be expected to work full time, then the employee has to work the schedule as required.  You can involuntarily terminate for insubordination if the EE flatly refuses to accept the assignment or schedule.  I'd try to get it in writing or document the event after it occurs in front of a credible management witness.  However, keep in mind that the EE may still win a UI claim depending on why they were unable to comply with the schedule and your state's rules.

  •  08-17-2009, 9:21 AM 9056 in reply to 9055

    cappy is not online. Last active: 17-03-2010, 4:53 PM cappy



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  • Re: Employee declines new position

    TXHRGuy:
    . . .  the EE may still win a UI claim depending on why they were unable to comply with the schedule and your state's rules.

     

    Ok TX, back up just a taste and get me on the same playing field (even if I am a little dense). What is a "UI complaint? How would such a complaint come forward with the circumstances that you have presented?

  •  08-17-2009, 10:03 AM 9057 in reply to 9056

    TXHRGuy is not online. Last active: 03-17-2010, 12:41 PM TXHRGuy



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  • Re: Employee declines new position

    cappy:

    TXHRGuy:
    . . .  the EE may still win a UI claim depending on why they were unable to comply with the schedule and your state's rules.

     

    Ok TX, back up just a taste and get me on the same playing field (even if I am a little dense). What is a "UI complaint? How would such a complaint come forward with the circumstances that you have presented?

     

    Unemployment insurance!

    If someone quits their job because of changes you make to their working situation, they may be eligible for unemployment insurance money even though the changes were within the rights of the employer.

  •  08-17-2009, 3:42 PM 9059 in reply to 9057

    cappy is not online. Last active: 17-03-2010, 4:53 PM cappy



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  • Re: Employee declines new position

    Well I'll be. . .  I thought of everything that "UI" could stand for and never landed on the most obvious. . embarrassing. Embarrassed

    Thanks for showing mercy on an old war horse.Yes

  •  08-17-2009, 9:48 PM 9060 in reply to 9059

    TXHRGuy is not online. Last active: 03-17-2010, 12:41 PM TXHRGuy



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  • Re: Employee declines new position

    Wink

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