Q: If I want to terminate an employee, can I give them the option to resign instead so that they have a better employment record?
A: It is not recommended. This course of action can be interpreted as constructive discharge, which is against compliance regulations in many states, including New York State. If an employer gives an employee the option to resign or be discharged, the resignation would not truly be voluntary.
ESC recommends that if you are looking to separate an employee, work with your HR team to ensure that the proper steps have been followed to minimize compliance risk and follow through with the involuntary separation.