Illinois (ECWd) –
Once again, we want the public’s input on a matter.
Scenario 1:
You have been told the following on January 11, 2023:
- The board is going to recommend that you be terminated at the January 16, 2023, meeting.
- Do you want your employment to end through a resignation rather than termination?
- At this time, take no other action as a city employee. You will receive payment through at least January 16, 2023.
- During your leave, return city property, equipment or keys to your department as soon as possible.
It is our opinion that the person is on leave (“During your leave“) and will be paid through at least January 16, 2023, a date that may result in his termination.
Scenario 2:
- The board is going to recommend that you be terminated at the January 16, 2023, meeting.
- Do you want your employment to end through a resignation rather than termination?
- At this time, take no other action as a city employee. You will receive payment through at least January 16, 2023.
- During your leave, return city property, equipment or keys to your department as soon as possible.
- Employee submits a resignation, effective immediately, on January 12, 2023.
Our question for the public:
When does the employee’s pay stop in Scenario 2?
Please post your response in the comment section.
Thanks!
10 Responses
I agree with Larry Sullivan’s statement. It depends on whether, contractually, the employee is entitled to accrued sick pay, vacation days, or any other contractual obligations.
The employee resigned on Jan 12, but the Board could not act on it until Jan 16. Stopping pay on Jan 12 could create a small risk of a wage dispute for Jan 13–16, which would require legal or administrative expense to resolve. Paying through Jan 16 carries no meaningful risk.
The employee-employer contractual relationship should end on the date of resignation. Any contractual benefits should be distributed to the employee up until the resignation date. Employee’s pay should stop in Scenario #2 on date of resignation.
Note: Employer should not provide a false Performance Evaluation after employee’s resignation.
Should be paid through Jan. 16th. However, keys and company resources/property should be turned over immediately. Technically termination has occurred, thought no officially. Employee should be escorted off the premises.
Howard, if we’re talking about a public body which is open to the public, escorting anyone off of the public parts of the premises could land them in legal trouble and litigation. Arbitrarily removing someone off of public property violates their constitutional right to liberty. Under certain circumstances litigation could mean another payment 3yrs later after the litigation concludes, well after January 12 or 16.
I’m going to error on the side of the employee’s favor and go with January 16th. Their statement appears to be very specific as to the date.
By resigning on the 12th, the employee met the demand to take no other action as a city employee in order to be paid through “at least” January 16, 2023.
January 12th
Since they resigned 1/12 all pay should stop and they should receive any unpaid holiday and sick pay.
I would say actual pay would stop on 1/12. However the employee should be paid for addition vacation, sick days if it is stated so within the employment contract and any other contractual obligations.
My first thought is January 12th. There is no mention of accrued sick time or vacation or PTO time. THAT could affect how long they got paid for possibly.