4 to 6 month Notice

maryfmurray · February 2003

Currently we have an employee that has given us this length of a notice? It has been asked if the employee leaves after 4 months, how much more of a notice should be given? two weeks or has the 4 months given been sufficient time? Will vacation pay be withheld or denied because the full six months not given? I feel since the employee has met the miminium requirements of their notice our organization should be obligated to honor the notice and pay out all vacation leave on the books.
Any ideas or suggestions from anyone on how we should proceed?

Mary Murray

Don D · February 2003

As often is stated here; Follow your policy. If your company requires or requests a 6 month notice or notice at all and ties that to the payout of certain things, then it seems you would pay it out. I've never experienced such a notice except in the cases of retirement. It's nice to have such notice in the interest of planning for a replacement; however, I don't see the utility of it otherwise. I wouldn't mess with trying to hold back things you owe the employee at termination unless they are unearned GIFTS (such as vacation fronted by the company as a gift) and this is carefully covered in your policy. Of course you are always able to find a replacement, get a transition plan in place and go ahead and 'cut him loose', since he'll probably be watching clocks and planning parties for 6 months anyway. And it would be unreasonable in that case to pay him for his total period of notice. Just my thoughts. Don D.

ritaanz · February 2003

I had an employee who had just been given a written warning for poor work performance. He was a QC tech that could not be bothered to check all the specs on a first piece inspection. He came into my office and told me that he hated this place and was quiting. I accepted his resignation, took his badge, escorted him to his work area for his personal "stuff" and walked him to his car. Not 2 minutes later he was in the lobby asking to speak to me. He said that he has decided to give me a month's notice rather than just leave. I thanked him for his consideration but declined the notice. To make a long story short, he went to the Unemployment Office and was granted unemployment because I did not pay him the full one month's notice thereby making his voluntary quit a termination. Go figure.

Don D · February 2003

Under 'normal' circumstances, it is true that (in most states) the claimant will draw if the employer dishonored his notice and did not pay him for that period but cut him loose. This is a new one, though. I can't imagine that you explained in appeal that he quit and left and then attempted to retract his quitting. I would have appealed that on up beyond a referee. The employer is under no obligation to honor retractions of resignations, as far as I know. Odd.

ritaanz · February 2003

You bet I appealed. The Appeals Board felt the same way. The only redeeming factor was he collected the unemployment from his previous employer. He was a temp employee and we hired him after 3 months. He was on our payroll less than a month.

SandiF · February 2003

ritaanz,

Any unemployment that may have been credited to your account is a small price to pay for a disgruntled employee who possibly would have continued to cause you headaches. (run-on sentence) Good riddance. It is a shame though that the Unemployment Office didn't agree with your point of view. Doesn't seem right, but you never know with them.

Balloonman · February 2003

I would need more info on the situation. Why is he leaving? Is it a highly skilled job that would take a long time to fill? Is he a top performer? How you handle vacation will most likely effect if you need to pay it out.
If this were a lower end performer, who was not in a skilled position, the question becomes why would you want to accept 4 months notice?
My $0.02 worth.
DJ The Balloonman

MrCreosote · February 2003

What industry are you in that you get 4 months notice? To expect even more seems incredible to me.

maryfmurray · February 2003

I work in a non-profit industry and th employee is a personnel/fiscal director. Our policy asks for a 4 week notice if possible. This employee gave a 4 to 6 month notice so they could help train the replacement if our agency placed an ad in the newspaper and hired a new person while this employee was still employed with us.

4 to 6 month Notice

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