OK, we’re cool, this is not legal counsel.
- I don’t think that the employee’s duty to come to work would be in any way diminished because she’s working during the notice period. But our payroll god, Alan McEwen may know something I don’t, so I’m forwarding the Q to him.
- The fact that you’re even asking this Q indicates that you recognize the dangers of Wallace damages, i.e., aggravated damages when a termination is not only wrongful but carried out in bad faith in a way that causes the employee to suffer mental distress. Bravo! You clearly are behaving with sensitivity, respect and concern for the employee’s dignity–and that’s more than half the battle as far as fending off Wallace damages is concerned.
- The next Q is whether the strategy you’re proposing will actually work in helping the employee save face. If it were me, I’d definitely appreciate it if an employer offered to make the termination look voluntary to spare me embarrassment. I think most people would. But I just don’t know enough about THIS individual or the situation to judge whether it will work or backfire. That’s a personal judgment you and your colleagues will have to make. Hope that helps and I’ll let u know when I hear back from Alan. Glenn