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FORCED RESIGNATION OR GET FIRED?

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1 FORCED RESIGNATION OR GET FIRED? on Thu Aug 18, 2016 4:44 pm

Steh


Arresto Menor
Need a sound advise from a Lawyer, fellow HR / Labor practitioner, and others :

I usually give employees due for termination (of course after due process) the option to resign - for humanitarian reason - for me its the only option i can provide them so they can exit the company with less controversies. with all clearances, employment certificates and Quitclaims.

However, there is 1 instance that backfires on me. One employee, who was due for termination for stealing from the cash deposit of the company (with all the witness and cctv footage as evidence) beg to resign instead of being terminated -- and was granted..

But, after resigning and all the clearances, went to DOLE and file charges against me for Forced resignation, and now DOLE instruct to company to pay all the benefits to this employee.

After all the years of HR practice now im confused of which is better.. terminate the employee after the due process?? or still offer the option of resigning to save his/her pride and exit gracefully???

sometimes being nice is not rewarding anymore.

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2 Re: FORCED RESIGNATION OR GET FIRED? on Thu Aug 18, 2016 5:07 pm

council


Reclusion Perpetua
If I would terminate the employee, I would serve the decision first and have him receive it.

Then if he asks that if he can be allowed to resign instead, I would (sometimes) allow it as a consideration, and ask him to write a letter to that effect - sometimes on the termination letter itself, so it is documented.

Then I can note my decision on the paper as a response.

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3 Re: FORCED RESIGNATION OR GET FIRED? on Thu Aug 18, 2016 5:19 pm

HrDude


Reclusion Perpetua
As an HR practitioner like you, i would suggest the ff:

1. DO NOT offer or give a hint of offering resignation to employees who are due for Termination because this may be construed as 'Constructive Dismissal' or 'forced resignation'. The offer ALWAYS must come from them.
2. For the case of yours, you stated that the employee begged that he resign. I assume that the initiative to resign came from the employee. If so, you should have a valid defense against forced resignation (unless there are still other acts not stated in your story).
3. Although not advisable anymore as this may be construed as retaliation, ask a lawyer if you can still file Theft or Qualified Theft against the employee. However, since you have already approved the resignation, this will be considered against you.

4. Consider terminating employees, especially for cases such as theft or qualified theft, rather than accepting and/or approving their resignations. As long as due process was afforded to them, you are okay.

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