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I have an employee who has turned in a resignation. We will not need his services after Friday. Can I tell him that he has to leave earlier than he indicated?

Unless there is an employment contract or collective bargaining agreement that states otherwise, yes, an employer is within its rights to separate the employment relationship sooner than indicated on the employee’s resignation notice.

Just as a note, the federal Fair Labor Standards Act (FLSA) establishes compensation guidelines affecting employees in the private sector and in Federal, State, and local governments. Under the FLSA, employees are either non-exempt or exempt.

Non-exempt employees must be paid for all hours worked and are subject to overtime and minimum wage requirements prescribed by the FLSA. A non-exempt employee need not be paid for anytime not actually worked.

Conversely, exempt employees receive a fixed predetermined salary without regard to the quantity or quality of work performed. Deductions from an exempt employee’s salary are permissible in limited circumstances including in the employee’s initial or terminal week of employment if the employee does not work the full week.

Thus, there is no requirement to pay the employee for any time he would’ve worked after his actual separation date.

Furthermore, some states have adopted legislation regarding payout of accrued vacation time and the timeliness of final paychecks. Thus, be sure you’re aware of applicable laws in your state.

This entry was posted on Wednesday, September 9th, 2015 at 7:43 pm and is filed under
Compensation, Termination.
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