Resignation of employment notice

Pattig · April 2008

Hi everyone - we have an employee who resigned (with two weeks notice). She disclosed she was going to work for a competitor - we asked her to leave that day as we do in all cases with employees at her level. We advised her we would pay her through that day and any earned vacation time. She claims we are obligated to pay her for the two weeks notice time - I believe we are not . We are in NY -an At-Will state ! Help !!!

Paul in Cannon Beach · April 2008

I'll be interested to hear what others say but I don't believe you are obligated to pay her the two weeks notice time. However, you may be obligated to pay unemployment benefits as I would interpret your decision as a termination and not a voluntary resignation.

Pattig · April 2008

Thank you Paul -
I still consider it a voluntary resignation though !! Anyone ??

System · April 2008

I don't think you need to pay her two weeks. She verbally resigned first and it sounds like your decision not to honor her two-weeks notice is consistent with past terminations. Good luck!

Dutch2 · April 2008

That's the way we have always looked at it. The ee voluntarily resigned and we accepted their resignation effective immediately and have not paid for the two weeks notice. If they do apply for unemployement benefits we protest due to their having voluntarily quit. We also tell those that we have made a offer to that if their current employer should decide to accept their resignation effective as soon as they turn in their two week notice, we will put them to work immediately if they wish.

Pattig · April 2008

Thank you everyone!
Dutch - that's exactly what we do !!

ray a · April 2008

Pattig,

I have done just that several times in NY. You may terminate immediately and not pay the full 2 weeks. But, they will qualify for UI.

Pattig · April 2008

Thanks Ray - It's done !!!

Dasher · April 2008

I know you have finished with this and am sure your solution is just fine for you. However, our practice (rather than policy) is different. When we receive a proper termination of employment notice we do not "fire" the employee. This is done to protect the company's reputation and to make sure we do not have current employees selecting to leave without at least a two weeks notice for fear of being fired sooner.

Agreed - sometimes it is best to have a resigning employee leave immediately, however, if that is the company decision, we pay them for the two weeks they would have otherwise worked.

Wildsporty · May 2008

We also accept the resignation, pay the person the two weeks in lieu of notice, their final check and any accrued vacation. We than escort them to their desk to pick up their belongings and escort them out the door.

Shirley

Pattig · May 2008

Thanks for the input everyone - it is appreciated !

Rockie · May 2008

We've done this many times and do not pay the notice. We do pay the accrued leave bank they have if we ask them to leave. They would certainly qualify for UI.

Resignation of employment notice

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