Human Resource Blog

Tennessee, resigns during suspension?

In Tennessee what actions if any, do you recommend when an employee gives their 2 week notice while on a 30 day suspension?

Um, doing a happy dance? Singing and dancing in the streets? Seriously, this is a cause for rejoicing. Obviously, an employee on a 30-day suspension was probably not your strongest employee. So the fact that the employee is voluntarily resigning is a good thing.

Be sure to get the resignation in writing, with the date and the employees signature. Presumably, the employee is stating that he will return after the suspension, work for two weeks, and then be gone. That’s teriffic, because normally employees who resign do not qualify for unemployment benefits.

Technically, the employer can let the worker go as soon as he submits his resignation. There is no requirement that you let him come back to work or finish out the two weeks notice. However, if you do that, in some states, you have fired the employee and he may qualify for unemployment benefits. So it may be better to let him work out his two weeks notice.

If you do decide to let him go on the day he gives notice, there is no requirement to pay the employee for the final two weeks.

Another option is what is called “garden leave.” Under this system, the employee remains on payroll for the final two weeks, but is not required or permitted to come into the office. This might be the best alternative if the employee is in a position to do a lot of harm to the company, as a sales rep might. It will ensure that he is not badmouthing the company to clients, for the final two weeks.