When an employee gives a two-week notice of resignation, can an employer terminate him or her immediately?

 

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While employers are not required to honor an employee’s resignation notice period, there are several issues to consider before making the notice date an employee’s last day of work.

If the employer immediately ends the employment relationship, the employee’s resignation would be considered an involuntary separation from the company. This may entitle the employee to unemployment insurance benefits that he or she otherwise would not have been entitled to receive.

Employers may also want to consider the impact an immediate separation would have on remaining employees. Immediate separation could reinforce poor attitudes toward the company and cause other employees to forego the practice of giving two weeks’ notice of resignation.

In addition, employers should consider whether company policy requires employees to give two weeks’ notice. If so, an employee could rely on the policy to support a claim for the two weeks’ pay if the employer made the resignation effective immediately.


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