When we are hired for a job, our intention is to remain in the position until it is no longer a good fit based on the employee's experience or an employer's observation of the employee. Until there is a lawful step to end employment, an employee must remain employed. In cases where an employee was unlawfully terminated or an employer failed to meet their obligations when an employee voluntarily resigns, this could result in an employment dispute.
According to recent reports, the former village manager of Carpentersville sued the village for breach of contract. This breach is based on the fact that the village officials characterized the manager's termination as a voluntary resignation as a means to evade its obligations to pay him severance.
Back in January, the village board approved a separation agreement for the manager; however, he supposedly stopped coming to work. This deal was then later withdrawn. The village's position is that it is not acceptable for an employee to stop showing up to work and expect to still keep their job. Per village policy, employees that fail to report to work for multiple days in a row have constructively resigned their job.
The manager argues that according to his employment contract, the village is still required to continue paying his $176,710 salary plus benefits and unused vacation time for nine months if he was fired after 5 years of employment. The contract also stated that if he were to resign, he would be considered terminal and eligible to receive compensation. He is also seeking $217,000 in compensatory damages.
Employment issues and disputes can get complex. Whether it is related to an employees experience in the workplace or how they were terminated, it is important that employees understand their rights and options. THIs could mean filing a civil action to help protect their rights and collect any damages suffered.