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Jan01

2 week notice

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One of our employees has given two weeks notice. We would prefer to let her go now. Are we required to pay her for the two weeks?

No. If the employee gives two weeks notice and you let her go now, you are not required to pay her for the two weeks. You are only required to pay her for the time that she actually worked.

However, there are ramifications for unemployment benefits in most states. Usually, an employee who quits is not entitled to unemployment. An employee who is fired for a reason other than misconduct, is entitled to unemployment. In this scenario, you are firing the employee because she has given notice. Often, that means she will qualify for unemployment benefits.

There is a third option. Sometimes employers put the worker on “garden leave.” This means that she is being paid for the two weeks, but is not required to report to the office. Usually, the employer requests that the employee not go to work at the new job until the two weeks are up, but this request is difficult to enforce.

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This entry was posted on Thursday, January 1st, 2009 at 11:27 am and is filed under
Compensation, Human Resources Management.
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