Employee Gives Two Week Notice – Can We Accept the Resignation Effective Immediately?

1323680_17996870Suppose an employee gives his or her resignation, effective in three weeks, but you decide to accept the resignation effective immediately instead.  Should the employee be paid through the date of intended resignation? You are not required to pay the employee through the intended resignation date unless your business requires a notice of resignation.  If you simply “request” a certain amount of notice, federal law doesn’t require you to pay the employee if you ask him or her to leave before the end of the notice period, although most employers do. But be careful. If you demand that the employee leave immediately after giving notice, you may turn a voluntary quit into a termination.  If that happens, the employee could be eligible for state unemployment benefits for the notice period not worked. Forcing employees to leave immediately upon notice of resignation also may send a bad message to your other employees who try to do the right thing by providing you with advance notice.

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