buy out a 2 week notice

T · December 2007

Employee received an oral warning about performance. Employee gives 2 week notice. How do I tell her, and is it ok, she doesn't have to stay her 2 weeks? We don't need her to stay and she's not doing a good job.

Thanks.
-t

aliciac · December 2007

My company has done that before when the person is in a position where they could potentially harm the company (Accounts Payable or payroll for example). We just tell them that we'd prefer to pay them for the last two weeks and let them go at the end of the day. I don't think there's anything legally wrong with that unless you were denying her any benefits to the 2-week notice, such as pay out of accrued vacation or something like that.

cnghr · December 2007

We do this every once in awhile, particularly if the employee is leaving to work for a direct competitor of ours or if they are underperforming in such a way that it's more of a problem to have them at work those last couple of weeks. We just tell them we'll pay them through whatever date they gave as their last day, and of course pay them out anything else we owe them, like accrued unused vacation.

T · December 2007

Thanks for the info. I believe I also have done this before, I just couldn't remember all the details.

thanks.
-t

ray a · December 2007

If a non-exempt ee and they are a problem like this, I accept their resignation immediately and walk them to the door. But, doing so in NY qualifies them for UI. I do factor their paid time off based on their 2 week notice. If an exempt ee and a problem child, they are terminated immediately but will pay them to the end of their 2 weeks notice.

LindaS · January 2008

When we have had this situation the EE is let go immediately and they receive all benefits of a resigning employee (payout of remaining vacation and payment of accrued vacation). They do NOT receive payment for the remainder of their two weeks, although here in WI they are eligible for UI for that period.

One additional note - this issue recently went to arbitration and the decision came down on our side in that we, as an employer, are not requried to allow an individual to work ANY amount of a resignation period and that we are also not required to pay for that period of time.

Rockie · January 2008

If we feel employee is a problem or we don't feel comfortable having them remain in the position during a notice period, we just ask them to leave immediately. If we do this, we will pay them out the balance of their PTO account, but are not obligated to pay them for two weeks notice.

ACU Frank · January 2008

I do it the same way Rockie does.

buy out a 2 week notice

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