Answer: Letting someone go is undoubtedly challenging, but doing it thoughtfully can create a favorable outcome for both the employer and the employee. In some cases, allowing an employee who is set to be terminated to opt for resignation can be a more favorable choice. This method, referred to as “resignation in lieu of termination,” can provide a more respectful departure for the employee and may lower the chance of legal issues for the employer. There are several aspects to consider when deciding if resignation is more suitable than termination.

If the reason for termination isn’t due to severe misconduct or significant policy breaches, giving the option to resign can serve as a courteous solution. This is particularly relevant in cases related to performance issues or not meeting productivity benchmarks.

Some employees may prefer to resign instead of being fired, as it allows them to maintain the narrative that their departure was voluntary. This can have a positive impact on their future employment opportunities. Additionally, permitting an employee to resign can uphold their dignity and help keep a good rapport, which is essential for small businesses and tight-knit teams.

Providing an option to resign can also reduce the likelihood of legal disputes and, depending on state regulations, might relieve employers of the obligation to pay unemployment benefits. Consulting a legal expert can clarify your specific responsibilities. Documenting performance improvement plans consistently when treating voluntary resignations like formal terminations helps mitigate risks.

Always prepare for how you will respond to reference inquiries by other prospective employers. Maintaining consistency in your answers is vital to avoiding legal problems. If you offer the resignation option, consider providing a severance package and implementing a termination agreement or release. This practice can ensure clarity and legal protection for both sides.

By taking these factors into account and having a strategy, you can manage employee separations in a fair, respectful, and legally compliant way.

I’m employed at a manufacturing plant. The assembly table at my station should be adjustable for the worker’s height, but it has been stuck for months and causes discomfort for both me and another operator. Are my employers required to provide and maintain ergonomically appropriate equipment? – Donovan

While the Occupational Safety and Health Act does not specifically state that employers must provide ergonomic tools, it does require employers to create a safe and healthy work environment. This includes addressing ergonomic risks that can result in musculoskeletal disorders and other injuries.

Under the guidelines of the Occupational Safety and Health Administration, employers must keep the workplace free from serious recognized hazards, which includes ergonomic considerations. This means they should address conditions that could lead to discomfort or injury, like broken equipment.

Common ergonomic risks involve repetitive tasks, awkward positions, heavy lifting, and reaching overhead. In your situation, an unadjustable table may contribute to these risks and potentially lead to musculoskeletal issues.

Here are some actions you can take regarding your workstation issue:

1. Report the problem: Notify your supervisor or HR about the malfunction. Keep a record of any discomfort and potential hazards that you and the other operator are facing.
2. Ask for an ergonomic assessment: Request an ergonomic evaluation of your workstation. This can identify risk factors and recommend adjustments or new equipment that could enhance safety and comfort.
3. Suggest solutions: Propose possible remedies, such as repairing the adjustable table, replacing it, or providing ergonomic tools or equipment to reduce the risks.
4. Refer to OSHA guidelines: Highlight that OSHA encourages employers to establish programs and measures aimed at reducing ergonomic risks. Citing OSHA’s voluntary guidelines for specific industries can support your arguments for necessary changes.

Be aware that certain states have their own occupational safety and health regulations. Ensure that your employer is adhering to any relevant state-specific laws.

If an employer does not address known ergonomic risks, OSHA has the authority to reprimand the employer under the Employers should prioritize the General Duty Clause or address ergonomic hazard notifications.

In the end, taking measures to make your workstation both safe and comfortable benefits both employees and employers. Utilizing the right ergonomic tools can lead to fewer injuries and lower workers’ compensation expenses, decrease absenteeism and turnover rates, and enhance overall efficiency and productivity at work. It’s crucial to emphasize the importance of ergonomic improvements and to collaborate with your employer to identify effective solutions, which are key to sustaining a safe and productive work environment.