Can The Employer Make The Notice Date The Last Day Of Work?
When an employee gives a two-week notice of resignation, is the company required to honor it? Alternatively, can the employer make the notice date the last day of work?
Employers are not required to honor an employee’s resignation notice period. However, there are several issues to consider before making the notice date an employee’s last day of work. However, before making the notice date of a resignation the last days of work consider how it will affect the following.
1. Other Employees will wonder what the reasons were for an early tenure. Consider the impact this would have on your remaining employees. An immediate separation could reinforce poor attitudes toward the company and cause other employees to forego the practice of giving two weeks’ notice of resignation.
2. The employee’s resignation could now be considered an involuntary separation from the company. This may entitle the employee to unemployment insurance benefits that she or he otherwise would not have been entitled to receive.
3. Consider whether company policy requires employees to give two weeks’ notice, if so; an employee could rely on the policy to support a wrongful termination claim if the employer made the resignation effective immediately. Have counsel review your company’s employment-at-will policies for potential liability.
With careful planning and consideration, employers do not have to honor an employee’s resignation notice period, but many factors are involved for consideration when doing so.
Anastasia Zoldak is a Recruiting Consultant with more than 10 years of recruiting experience. In addition to her recruiting experience, she makes it a point to stay on top of Human Resource issues by being a member of the Society for Human Resource Management (SHRM).
To retain Anastasia Zoldak’s Consulting Services you can reach her via her website http://www.zoldakenterprises.com or by email at azoldak@zoldakenterprises.com.
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