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Allowing for Resignation

The IT employee may be saved the embarrassment and troubles of being fired if the employer agrees to allow him or her to resign and the employee accepts. The employer will also benefit by the fact that their staff will not have to psychologically deal with the situation of someone being fired from within their ranks. Team morale can easily be hurt by such changes in the dynamics of the IT organization. Saving face on both sides will provide a calmer and more civil remedy for separation of employment and avoid the possibility of wrongful termination altogether.

If an employer enters into a release agreement with an employee who is age 40 or older, there are certain requirements that must be met by the employer to comply with the Older Worker’s Benefit Protection Act (OWBPA).

These requirements ensure the validity of the employee’s waiver of rights and include (1) a 21-day review period and a seven-day revocation period, (2) written notice to the employee that he or she has the right to an attorney before signing the agreement and (3) the agreement is in language that would be understandable to any employee.   

Managers can often encourage an errant employee within the law into quitting, rather than face the shame of a forced termination. 

The Option for Resignation Story

There was an IT employee who would disrupt the operation of the team by lying, spreading false rumors, mistreating co-workers verbally, hiding his mistakes by deleting log information, and attempting to frame other employees for his errors. He was very unethical and had no integrity.

The company wanted to terminate his employment. His manager took him aside and told him his chances were up. He was not working out and was going to be fired by being walked out the door immediately by security, unless he resigned from employment. Upon resignation he could leave with two weeks of pay. He chose the latter option, and the company accomplished their objective.


The above book excerpt is from:

You're Fired! Firing Computer Professionals

The IT manager Guide for Terminating "With Cause"

ISBN 0-9744486-4-8

Robert Papaj 

http://www.rampant-books.com/book_2005_1_firing.htm


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