Reprinted from the December 15, 2007, issue of MANAGER'S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through scenarios based on real-life cases. Click here to view a sample issue, get more information, or sign up for a risk-free subscription.

Supervisor To Manager: "He Goes, Or I Go"

A supervisor and an employee clash. The supervisor demands that you fire the employee, and threatens to quit if you don’t. You don’t, so he makes good on his threat...until the next day, when he asks for his job back. What’s the best management move?

EMPLOYEE BARKS, BUT DOESN’T BITE

Steve Brennan made a beeline for his manager’s office. “Bob, we just had an incident with Chad Monaghan.”

“What’s the matter?” asked Bob Jackson.

“Chad blew up at me, kicked a wall, and then stormed out because the shipment was delayed again.”

“What do you mean he blew up at you?” Jackson probed.

“He yelled, ‘I can’t f***ing believe this!’ That’s when he kicked the wall,” Brennan explained.

“Did he try to kick you?”

“No, he kicked the wall on his way out the door.”

Then, there was a knock at Jackson’s door. “Come in,” said the manager.

It was Monaghan. “I am so sorry,” he blurted out. “I don’t know what came over me. I guess I’m just stressed. I promise it won’t happen again.”

“Chad, I appreciate it, but let me finish talking to Steve, and then you and I can talk, ok?” Jackson said.

TAIL WANTS TO WAG THE DOG

After Jackson finished talking to Brennan, Monaghan, and the two workers who witnessed the event, he decided to suspend Monaghan for one day and request that he seek anger-management counseling. The manager also warned him that he could be fired for future outbursts. Brennan was not satisfied.

“If you don’t fire him, I’ll quit,” he simply said.

“Not going to happen,” Jackson told him. “I think the punishment I gave him fits the crime. He has a clean record, he didn’t threaten anybody, and he apologized immediately. He understands that any further incidents could lead to his termination.”

With that, Brennan tendered his resignation.

RETURNING WITH HIS TAIL BETWEEN HIS LEGS

The next day, however, a conciliatory Brennan was back in Jackson’s office, asking for his job back. What should Jackson do? He must first look at company policy and past practice. Basically, have other employees been allowed to rescind their resignations, and, if so, under what circumstances? If there is no written policy or past practice to guide the decision, the following factors should then be considered:

• What is the supervisor’s overall performance? In other words, do you want him back?

• Was the resignation reasonable? Did he have a compelling reason, such as multiple incidents of the employee acting out? Or did he simply overreact and is now regretting it.

• How much time has passed? An hour versus a week can make a difference.

• What would the effect be on the rest of the staff? Would employees view the supervisor’s return positively? Or would that send the message that they, too, can lay down ultimatums and not worry about their bluff being called?

Jackson considered allowing Brennan to return, and giving him a disciplinary warning regarding his handling of the situation and providing training on how to handle similar situations in the future. In the end, though, he decided that, because Brennan did not have a good reason to quit, he would not be reinstated. However, he did inform him that he was eligible for rehire and was free to apply for any open positions.

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