Do’s & Don’ts | This month: Handling an employee’s resignation
Publié le :
06/04/2018
06
avril
avr.
04
2018
A resignation is as simple as saying “I quit!” right?
Wrong!
Though it is, by definition, at the employee’s initiative, a resignation nevertheless presents judicial risks for the employer who must proceed with caution in handling the exit. Here are some do’s and don’ts to keep in mind when an employee resigns.
Do request that a resignation be put into writing; this is to ensure that the resignation meets the case law criteria of being both clear and unequivocal.
Don’t take the employee’s verbal resignation as enough, no matter how clear it seems in the moment. Get it in writing!
Do get in touch with legal counsel, providing the letter, in order to draft a proper response together.
Don’t rush into acknowledging the resignation immediately. Remember that any correspondence might be used at a later date in potential litigation!
Do make sure that the letter does not put the blame on the company. Be very careful of any malicious wording such as « because the company has failed to… » or « as requested… »
Don’t fall into a common trap that is for the employee to frame the resignation as a constructive dismissal. The major risk is that the resignation later be re-characterized as an unfair dismissal!
Don’t leave the letter aside.
Do respond to the claims in the letter.
Flichy Grangé Avocats will be able to assist you with every step necessary to ensure your company’s proper handling of the case.
Historique
-
Recent case law | Profit-Sharing rules
Publié le : 06/04/2018 06 avril avr. 04 2018NewsSalary is not the only remuneration that employees can receive. Profit sh...
-
Recent case law | Employers and their Employee’s Facebook
Publié le : 06/04/2018 06 avril avr. 04 2018NewsThe employer's use of information available on social networks is fueling inc...
-
Do’s & Don’ts | This month: Handling an employee’s resignation
Publié le : 06/04/2018 06 avril avr. 04 2018NewsA resignation is as simple as saying “I quit!” right? Wrong! Though...
-
Looking forward | The Macron Reforms: Staff bodies
Publié le : 04/01/2018 04 janvier janv. 01 2018NewsUp to now there was much confusion for foreign employers regarding the organi...
-
Recent case law | Religious symbols // The Islamic Veil in the workplace
Publié le : 04/01/2018 04 janvier janv. 01 2018NewsAs you may know, religious signs in the workplace is a hot topic in Europe, a...
-
New Legislation | In depth look: Protecting personal data
Publié le : 04/01/2018 04 janvier janv. 01 2018NewsIn May 2018, new European regulations on the protection of personal data will...