Dear Members,
One of my employees has given a resignation, and then he retracted it by saying he made the decision in anger.
The situation is as follows: When we received his resignation letter, we did not accept it. Instead, we scheduled a meeting with him to discuss the matter. After the meeting, he expressed his desire to rejoin and sent us an apology email retracting his resignation.
My questions are:
1. Can we terminate the employee since he retracted his resignation?
2. If termination is not an option, can we accept his resignation even though he retracted it?
3. What would be the ideal course of action?
We have decided that we do not want this employee in our company.
Dear HR Members, please share your valuable thoughts so I can decide on the next steps.
From India, Pune
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33One of my employees has given a resignation, and then he retracted it by saying he made the decision in anger.
The situation is as follows: When we received his resignation letter, we did not accept it. Instead, we scheduled a meeting with him to discuss the matter. After the meeting, he expressed his desire to rejoin and sent us an apology email retracting his resignation.
My questions are:
1. Can we terminate the employee since he retracted his resignation?
2. If termination is not an option, can we accept his resignation even though he retracted it?
3. What would be the ideal course of action?
We have decided that we do not want this employee in our company.
Dear HR Members, please share your valuable thoughts so I can decide on the next steps.
From India, Pune
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Hi Sneha Joshi,
Please clarify, as you mentioned that once he resigned, you called for a meeting and convinced him to withdraw his resignation. Now, you do not want that employee to be associated with your company? Also, when you say, "we do not want that employee in our company," who is included in this "we"? If it refers to the management, there should be a valid reason, and I believe that reason alone is sufficient to terminate the employee. Please correct me if I have misunderstood your query.
Thank you.
From India, Bangalore
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Please clarify, as you mentioned that once he resigned, you called for a meeting and convinced him to withdraw his resignation. Now, you do not want that employee to be associated with your company? Also, when you say, "we do not want that employee in our company," who is included in this "we"? If it refers to the management, there should be a valid reason, and I believe that reason alone is sufficient to terminate the employee. Please correct me if I have misunderstood your query.
Thank you.
From India, Bangalore
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Often when an employee takes back his/her resignation, he starts thinking that he has increased his value. Sometimes, attitudes change, and he boasts that the company needs his services, and they can't survive without him, so they retained him. Such attitudes affect the work environment, and management may feel the need to terminate the person. This is the reality.
In another scenario, after resigning, employees come to learn about HR policies such as salary holds and the FNF process. Consequently, they decide to rescind their notice and leave the company after receiving their salary.
I believe something similar may have happened with Sneha. However, if the resignation matter has been resolved, we cannot proceed with the same logic. If termination is necessary, the process should be initiated from the beginning. Find the reason, give notice to the employee, and then terminate them.
Stretching past issues to resolve present issues is not advisable. If you wish to terminate someone you previously intended to retain, provide a genuine reason and follow through with the termination.
Good luck.
From India, Mohali
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In another scenario, after resigning, employees come to learn about HR policies such as salary holds and the FNF process. Consequently, they decide to rescind their notice and leave the company after receiving their salary.
I believe something similar may have happened with Sneha. However, if the resignation matter has been resolved, we cannot proceed with the same logic. If termination is necessary, the process should be initiated from the beginning. Find the reason, give notice to the employee, and then terminate them.
Stretching past issues to resolve present issues is not advisable. If you wish to terminate someone you previously intended to retain, provide a genuine reason and follow through with the termination.
Good luck.
From India, Mohali
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Though the employee has resigned out of anger or for any other reason, the management has called him for discussion, and subsequently, he had withdrawn. Now, we cannot ask him to leave the company. In principle, it is not a fair deal. It gives the wrong message to the rest of the managers in the company. I suggest not asking him to leave the company.
From India, Hyderabad
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From India, Hyderabad
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Further to what the seniors said above when the employee wanted to resign, you did not accept it and probably coaxed him to stay as he has withdrawn the resignation after the meeting only. After making him stay, you want to terminate him. Did you make him stay so that you can terminate him as a reprisal for something that might have taken place, as resignation might deny that opportunity? There are gaps in the information furnished. Termination is a serious matter, and answers to questions about it cannot be sought so casually.
B. Saikumar
From India, Mumbai
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B. Saikumar
From India, Mumbai
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Dear Ms. Joshi,
It is you/management who called for the meeting to reason it out with him to withdraw resignation. Once he has done so, citing any reason, it is unethical to want him out. As the minutes of the meeting will not be on record for obvious reasons, you may, in terms of law, accept his resignation, but it will be in bad taste. It will be better in case the employee is allowed to continue.
Regards, Col. Suresh Rathi
From India, Delhi
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It is you/management who called for the meeting to reason it out with him to withdraw resignation. Once he has done so, citing any reason, it is unethical to want him out. As the minutes of the meeting will not be on record for obvious reasons, you may, in terms of law, accept his resignation, but it will be in bad taste. It will be better in case the employee is allowed to continue.
Regards, Col. Suresh Rathi
From India, Delhi
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Dear Sneha,
While handling this matter, there appears to be immaturity on the part of the employee as well as from the HR side. HR or management did not want some staff members to continue in the company. When this very person submits a letter of resignation, instead of accepting the resignation quietly, what was the need to call the employee for a meeting? This very meeting has come in handy for the employee to withdraw his resignation. His withdrawal of resignation has put you in a bind!
Instead of calling the employee for a meeting, if you had issued an "Acceptance of Resignation" letter, this problem would not have arisen at all.
Secondly, you have not written what transpired in the meeting. Did you tell him to withdraw the resignation? What was the cause of his resignation? How are his relations with his HOD? What is his performance level? Why do you not want this person to continue?
Now you have two options. One is to allow the employee to continue. Another is to issue him a letter stating that the management has accepted the letter of his resignation. This is choosing between a rock and a hard place. Therefore, the choice does not matter.
Thanks,
Dinesh Divekar
From India, Bangalore
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While handling this matter, there appears to be immaturity on the part of the employee as well as from the HR side. HR or management did not want some staff members to continue in the company. When this very person submits a letter of resignation, instead of accepting the resignation quietly, what was the need to call the employee for a meeting? This very meeting has come in handy for the employee to withdraw his resignation. His withdrawal of resignation has put you in a bind!
Instead of calling the employee for a meeting, if you had issued an "Acceptance of Resignation" letter, this problem would not have arisen at all.
Secondly, you have not written what transpired in the meeting. Did you tell him to withdraw the resignation? What was the cause of his resignation? How are his relations with his HOD? What is his performance level? Why do you not want this person to continue?
Now you have two options. One is to allow the employee to continue. Another is to issue him a letter stating that the management has accepted the letter of his resignation. This is choosing between a rock and a hard place. Therefore, the choice does not matter.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dineshji, The rock and hard place has been created by mishandling of the resignation letter. But it does appear that the company carries a chip on their shoulder with regard to this employee.
From India, Pune
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From India, Pune
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If the employee has rescinded the resignation before its acceptance by the management, as Ms. Sneha has stated in the query, then the opportunity to accept and relieve the employee has been lost. Now, if the management wishes to terminate, it will need to have strong grounds and follow the proper termination procedures. Such an action will undoubtedly impact the morale of the employees working and will leave a negative impression on all parties involved.
Nevertheless, I cannot help but mention that contemplating termination in this scenario appears to reflect vindictiveness on the part of the management.
A. S. Bhat
From India, Pune
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Nevertheless, I cannot help but mention that contemplating termination in this scenario appears to reflect vindictiveness on the part of the management.
A. S. Bhat
From India, Pune
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Ms. Sneha, please respond to the views of the seniors. It seems that the earlier employee resigned out of anger, and now the employer wants to terminate out of anger. Sometimes, I pity some HR professionals who are forced to behave unprofessionally to satisfy the ego of the employer.
From India, Ahmadabad
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From India, Ahmadabad
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