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About Brian Phillips
Expertise
Can answer questions in areas of wage and hour, OT, Fair labor standards, FMLA, COBRA, Recruiting, Interviewing techniques, employee manuals, HRIS rollout, Employee Leasing or Staffing company cost analysis, bacon, eggs, and more. Essentially a well rounded HR generalist who operates Harvis, Inc., a human resource consulting and service business based in Northeastern Pennsylvania "NEPA". www.harvis.org

Experience
As owner and chief consultant at Harvis, Inc., we provide Human Resource services and structure to small businesses without their own HR department. We make workplaces better by becoming that 1/2 person they need to help handle HR responsibilities on a daily, weekly or monthly basis. Formerly responsible for all Human Resource activity for a staffing company with 2,500 annual employees as well as an employee leasing / PEO business with 1,500 annual employees. Designed and implemented the HR structure to support hundreds of clients in excess of $ 500 million in payroll volume over career in Human Resources.

Organizations
* Greater Wilkes-Barre Chamber of Business and Industry - current member and former co-chairperson for the HR Taskforce; * Tri-County Personnel Association (oldest continuous operating "HR" association in the nation (we think)); * Back Mountain Business Association - Dallas PA * Business Association of the Greater Shickshinny Area - Shickshinny PA

Publications
Northeast PA Business Journal - interviewed for various articles HR Insights - Chamber of Commerce HR publication

Education/Credentials
Bloomsburg State University - 1993 BS Marketing located in Bloomsburg Pennsylvania and Luzerne County Community College - 1991 Business Administration located in Nanticoke, Pennsylvania

Awards and Honors
* Better than average - 20/10 vision * Bestowed with an occasional "Thank You" from clients and their employees.

 
   

You are here:  Experts > Jobs/Careers > Human Resources > Human Resources > Notice of intent to terminate

Human Resources - Notice of intent to terminate


Expert: Brian Phillips - 8/12/2009

Question
I have an employee that 2 days ago gave me his 2 weeks notice stating that he had personal reasons for "moving on". The next morning I ran an ad and that afternoon hired a replacement. Today the employee who's intent was to quit told me he made a mistake and he would now like to keep his job. I told him that his replacement was already hired. This employee is now somewhat angry and I no longer need or want him to finish out his 2 week notice. Do I have to let him work or can I accept his notice and ask him to go ahead on his way?

Answer
Joe,

Without knowing what state you are in- or other particulars about this situation,  I will base my response with only info you provided and as though you were based in Pennsylvania- where I am.

Cut him loose.  Thank him for his time and if he was a worthwhile employee you could offer to write up a reference letter for him as a parting gift (not required).  Of course, he will be eligible for unemployment compensation since his "voluntary quit" was upgraded to a termination by you.   That may not matter much in terms of the objective-  getting someone out of there who is admittedly not going to stay.

Essentially,  when an employee comes into your office and tells you , "I am leaving"  it is 90 percent a decision they already made up in their mind days or weeks earlier.   The other 10 percent want something or were given a job offer elsewhere and are trying to parlay the deal to get a raise (extortion) or pit the new position against you so you feel you have to pay to keep them.     Whatever the reason,  I am sure he learned a good lesson by not having his ducks lined up before opening his mouth about his intent to resign...   Oh sorry,  oops.   too late.  Better think that through more next time.  I hope this guy was not trusted to make too many important decisions for you.

I never suggest keeping ANYONE from leaving-  So,  if they say they want to go,  let them go.   Depending on the person and your own reasons you can either let them stay the duration of the 2 to 4 weeks until their last day-  or cut them loose the day they resign or any other day you choose.  This is where the "at will" issue comes in for different states.  When you feel having the person accessing customers, computers, technology, accounting,   etc. may pose a security, financial or reputation risk, get them out- fast.   

I hope your new employee works out.  

Brian Phillips
www.HARVIS.org

Your GO-TO contact for HR topics

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