If an employee gives 2-week notice of his intent to leave, do we have to continue to employ him for the full two weeks, or can we terminate him sooner?
HR Comply Response:
Taken Directly From HR Comply Employment Guide and Professional Series The following material was found in HR Comply by performing the search - "notice of resignation."
Although there is no requirement to accept a 2-week notice, providing that there is no existing employment contract between the parties to honor such a notice of a resignation, there are several reasons employers should not respond to a 2-week notice by terminating the employee.
If an employer declines to accept a 2-week notice, the employer is, in effect, terminating the employee. Therefore, the former employee has the right to claim unemployment insurance if his or her future employment plans should, for some reason, be eliminated. Also, such a termination may provide former employees with a possible wrongful termination claim if they leave under adverse circumstances. Consult an attorney for more information on wrongful termination.
Employers generally expect professionalism from their employees, including the expectation that departing employees will provide a 2-week notice before leaving their position. In fact, some employee handbooks specifically state that employers expect such a notice. If employers terminate employees on receiving a notice of resignation, future departing employees may be reluctant to provide such a notice for fear that they will be terminated immediately and they will not receive compensation for their last 2 weeks of employment.
If you feel strongly that a resigning employee should leave immediately for any reason, we suggest that you tactfully inform the employee that he or she will be compensated for the following 2 weeks and that it is not necessary to remain on the premises after the close of business that day.
Our responses come from the HR Comply Employment Libraries or Professional Series and are not offered for the purpose of providing any particular legal advice in any form or manner.
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