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Aug02

Employee Resignation

We are a very small office (3 employees). One of my employees recently gave a 3-week notice with the stated end date during my vacation out of the country. Are we required to accept the employees stated end date or can we require an end date earlier without consequence. Our personnel policies state that she will be paid for any earned PTO as she gave the minimum 2-week notice. She is unwilling to stay 3 extra days until I return from out of the country. Thank you.

Most employment relationships are considered to be at-will. Meaning, either the employer or employee can terminate the relationship without cause or notice. Employers often adopt resignation notice requirements to allow time to transition the departing employee’s workload in order to maintain business operations as normal. Such notice is often also required as a stipulation for payout of accrued unused paid time off.

Absent an employment contract stating otherwise, employers are not required to accept an employee’s stated end date and may change the date as deemed necessary. In your case, if the employee is unwilling to remain on staff until you return from your vacation then it’s acceptable to change her last day worked.

Inform the employee that you appreciate her providing ample resignation notice but you prefer to be present for her last day of work. Thus, she can either move up or extend her end date. If she refuses to stay the extra the 3 days then let her know when her last day of work will be. Inform her that even though her last day is sooner than the notice she provided, she is still entitled to receive her earned PTO per company policy.

HTH!

This entry was posted on Tuesday, August 2nd, 2016 at 8:49 pm and is filed under
Human Resources Management.
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