Take this job and shove it: Heat of the moment resignations

You better not try to stand in my way

As I'm a-walkin' out the door

Take this job and shove it

I ain't workin' here no more

“Take this job and shove it” by David Allen Coe and Johnny Paycheck

We have all seen moments (and some of us have experienced them), where something particularly upsetting, frustrating, anger-inducing has happened at work and then…

“That’s it, I quit”

“You’ll have my resignation shortly”

“I’m outta here”

“You can take this job and shove it” (or something with more colourful language).

Can an employer treat that as a resignation?

A common scenario is in the context of disciplinary action or a performance management meeting.  If someone is under heightened stress, they may say “I need to leave” or “I can’t do this”.  Is this a response to a stressful situation where they want to remove themselves from that particular situation or is it a resignation of employment?

In the case of a difficult employee, it may at times be tempting to accept the resignation as quickly as possible.  However, there have been legal cases where a “heat of the moment” resignation has not been deemed a resignation, and in fact has been deemed an unfair dismissal by the employer.  Another risk is that an employee argues that they have been constructively dismissed i.e. they were forced to resign due to their employer’s conduct.  This can result in claims for compensation for unfair dismissal or unlawful termination of employment.

Employers need to be careful to ensure that there is an actual resignation, rather than something said in the heat of the moment.  Therefore, when considering whether or not to accept a resignation consider the following.

Firstly, what were the words used? And how were they said? In anger? Frustration? What was the context of the conversation? Was it in response to disciplinary action? Is your work environment a fast paced, high pressure environment?

It’s usually best in these situations to take a breath and pause.  It may mean that an employer should respond by saying “I can see you’re upset, maybe we should take a break and talk again [at insert another time]”.

Secondly, even before considering whether or not to accept a resignation, check in on the employee’s welfare – are they ok? What was the reason for the emotional response? Was it proportionate to the issue? A welfare check may be required at this point.

Thirdly, it is worth circling back and checking if the employee still wishes to resign, preferably when everyone has had an opportunity to calm down.  This may be through having a second meeting to clarify an employee’s intent.  If the intent remains that they wish to resign, it is best practice to obtain that resignation in writing so that it is clear.

One of these days I'm gonna' blow my top

And that sucker, he's gonna' pay

Lord, I can't wait to see their faces

When I get the nerve to say

Take this job and shove it

I ain't working here no more

Finally, consider the reasons behind someone’s resignation.  Is it a particular line manager (“that sucker”) that you may need to deal with? Is it something to do with the job tasks? The culture? The pay and benefits? If it is possible to have a calm conversation about it, this feedback may assist your organisation in the future.  It may also lead to conducting a workplace culture review (see our blog Never Tear Us Apart: Workplace Culture Reviews) or some sort of investigation (see our blog What’s Up? Do I need to conduct an investigation?).

Either way, when someone tells you to take this job and shove it, take a breath, be curious and get it in writing.

Remotely Legal can assist employers and boards on all aspects of employment law, including advising on difficult people issues, reviewing policies and assisting with enterprise bargaining.  Remotely Legal can train your boards and management teams on how to deal with incidents and investigations.  Remotely Legal can also be your fully outsourced HR and people legal team.

RL Investigations, part of Remotely Legal, are a team of highly experienced and qualified lawyers and investigators, who can function as your independent, external investigation team providing fast, comprehensive and reliable investigation reports, workplace culture reviews and suggestions for organisational improvement. RL Investigations can also help your internal HR or investigation team to improve their investigations and assist decision makers in considering the right factors when making key decisions.

This blog is general advice only.  Please obtain legal advice in relation to your specific circumstances.  This blog was written by a human so please seek permission if you wish to copy any of it.