Employee gives 2 wks notice but we let her go after one week

HENRY

QUESTION, AN EMPLOYEE GAVE HER TWO WEEKS NOTICE AND TURNED IN HER LETTER OF RESIGNATION, WHICH WE ACCEPTED. HER LAST DAY WAS SUPPOSED TO BE 8-8-03, BUT COMPANY MANAGEMENT DECIDED TO LET HER LEAVE AS OF 8-4-03. SHE GOT UPSET AND SAYS
WE ARE FIRING HER, AND DID NOT WANT TO SIGN THE EXIT FORMS, AND LEFT SAYING SHE WAS GOING TO CONSULT AN ATTORNEY. MY QUESTION IS SINCE WE LET HER GO EARLY, CAN SHE COLLECT UNEMPLOYMENT EVEN THOU SHE ORIGANALLY RESIGNED AND GAVE 2 WEEKS NOTICE?

LindaS

Keeping in mind that state UC laws may vary, in WI they would be eligible since they were available and ready for work but you don't have any work for them. Your decision to let the EE go is one many of us have used in the past although most employers will tell you that paying the EE for the remainder of the two weeks is not a bad idea (I typically recommend doing this). It makes the employee feel better and they don't feel "terminated" plus it sends a strond message to others in the company that giving a notice of resignation won't come back to "bite them". An employer that engages in letting employees go before their actual "last day" without paying them the time will quickly find other EEs waiting until the final minute to notify you of their resignation.

mwild31

I agree with both posts - in WA it would go towards the employee's favor. Whenever you choose to let someone go early - pay them through their resignation date.

HR in CA

Linda S. nails the answer. Be careful when you ask an employee to leave before their notice is up. Future terminating employees will give you no notice. If there is a legit reason not to have them work until the final day, by all means pay them.

Rockie

There are many good reasons for letting an employee go in lieu of working out a notice, but would pay them out for the notice they gave.

gillian2

If you didn't pay her the two weeks, she will probably draw UI. If your state is similar to mine a key rule is who is the "moving party" - the last party to make a decision that employment will end. If a person quits, the rules revolve around whether or not the person had a good reason to quit. If the employer is the moving party the decision then revolves around whether the termination was for misconduct. You changed the decision making process by terminating her. You would be OK if you paid her out.