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The Proper Way to Handle An Employee Resignation


There have been some situations where employees will give a two week notice, but the manager decides to let that employee go immediately. What is the best and legal way to handle this situation?

If there is no employment contract with the employee, any other bargaining agreement that applies to said employee, or a handbook policy that requires a certain time period of notice, you may accept the employee’s resignation early.

You are not required to pay the employee for the portion of the notice period that he did not perform any work. If he was a non-exempt (overtime eligible) employee, you only need to pay the employee his regular salary through the last day worked.

Terminating the employee early without providing pay through the unworked notice period is legal, but it may affect the employee’s unemployment eligibility. The company will basically be turning a voluntary resignation into an involuntary termination. This would then make said employee eligible for some unemployment benefits.

If you have any additional questions regarding this please contact CyQuest today!