Even in a tight labor market, it becomes necessary from time to time
to convince employees to leave your company. Why? Because employees who are experiencing performance and conduct problems
will often stay ‘‘on principle’’—in other words, they’ll rationalize that they’ll stay till they’re good and ready to leave. ‘‘No one’s forcing me out of my job until I’m ready to go—especially not that boss of mine!’’ goes the logic of the disenfranchised and victimized worker.

Unfortunately, the results can be very problematic. It can mean
workers’ compensation stress claims or wrongful termination lawsuits
for your company. Employees may go through months or years of feeling unappreciated and having their egos and selfesteem dragged through the mud. So your best solution may be to broker a peace where one party can walk out of the working relationship with his dignity and respect intact.

Meetings such as this require a third-party facilitator. First, if
immediate supervisors who are part of the problematic interpersonal
relationship with the disenfranchised employee attempt to ‘‘talk the employee into’’ leaving the job, their efforts may be perceived as insincere or self-serving at best. Second, whatever is sharedwith the employee inmeetings like this may take on a different meaning two years down the road when the company is being sued for ‘‘constructive discharge.’’

Tell Me More
A constructive discharge claim is similar to wrongful discharge;
however, in the constructive discharge case, the employee leaves
and is not terminated by the company. Still, a plaintiff attorney will
argue that the conditions were so egregious at work that any reasonable person would have left under similar circumstances. Consequently, the plaintiff attorney will argue, ‘‘My client was forced into leaving her position, and the company had no right to create such an unfriendly environment. I mean, come on, your Honor, her supervisor told her that she wasn’t wanted there anymore and had no
future with the company! Telling her that after a year of isolating her from the rest of the team, denying her a raise, withholding training, and holding her to a higher standard than everyone else was
just too much. She had to quit, but it’s their fault.’’

To avoid creating a record that could be construed as a manager
giving an employee no choice but to resign, the immediate supervisor
can’t be the deliverer of this message. Instead, a neutral third
party must be used. Human resources or a member of your company’s
senior management team is the typical mediator in such
cases.

Taken From : The Hiring and Firing Quention and Answer Book