Employers and employees should know how best to navigate a resignation during a disciplinary hearing process.
Disciplinary hearings are a tricky situation for both the employer and the employee, and a resignation during that time can further complicate the matters. Both parties should know the best way to conduct themselves to ensure that everything goes smoothly.
If an employee has been notified that they are facing a disciplinary hearing, they may choose to resign rather than endure possible dismissal. There are two options for an employee in this situation: they may resign effective immediately, or they may give notice. Resigning immediately may allow them to skip the hearing and verdict, but it does not necessarily reflect well on the employee. However, if they give notice, the disciplinary hearing will likely continue, and a dismissal will supersede the resignation.
On the employer end, a resignation from the disciplined employee can often be seen as a win-win: You don't have to go through lengthy hearings, and the potentially problematic employee is gone. However, if there is a criminal element to the disciplinary hearing, the paperwork should be saved on file and potentially forwarded to the police.
Employers should consider the way they accept a resignation as well. Always get it in writing from the employee. Even if the resignation is intended to be "effective immediately," it might be wise to give them at least a 24-hour period to consider their decision before you accept it. In this way, you sidestep the possibility that the employee will sue you for constructive dismissal.
