Employee changes mind on quitting

    • # 4 years ago

      We have an employee that gave his 2 weeks notices, then changed his mind. In the meantime, a former employee was asked to come back to take his place. Now the employee is not leaving, can he be asked to leave although he changed his mind to stay?
      Is there a specific law or ruling on this issue?

    • Lisa Smith, SPHR
      # 4 years ago

      There is no actual law on this. The key is to be sure there is no discriminatory action in play. In HI, you can terminate anyone for any reason. But, if you terminate someone for a discriminatory reason that can be very expensive if the employee seeks relief through the legal system. Sometimes there is no discrimination, but it looks like there could have been and that can be slippery too.

    • # 4 years ago

      Thank you Lisa. It is an issue, especially since I was not aware that the superintendent hired another person to take the outgoing employee’s place. There was no job posting or anything to indicate that the position was open and filled.
      This is not really a discrimination, just a need to fill the position.

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