An Employee Gave You Notice of Quitting, And You Don’t Know What To Do?
Here at California Labor Solutions, we’ll guide you through the next steps.
Most employers want employees who have resigned to work their full notice periods, but in some cases, certain companies may want to terminate those employees immediately. Here is an outline of these instances.
Employees Working Their Full Notice Periods
Some companies prefer their resigning employees to work their full notice periods for customers and perform tasks to be smoothly transitioned. In some cases, resigning employees may partake in training their replacement.
Employees Terminated Immediately After Resignation
There are certain instances in which an immediate termination may be in the company’s best interest.
- The employee is leaving for a competitor, and there is a concern the employee may share confidential information or trade secrets.
- The employee is disgruntled and allowing the worker to remain for two weeks would hurt other workers’ morale.
- The employee’s role is sensitive, or there is a risk that an employee who is not focused and accountable could harm the business.
Check Your Notice Policy
Upon receiving a resignation notice, an employer must first review if they have a notice policy and if the said employee has an employment contract.
When an employer has a policy that requires two weeks’ notice, an employee may be able to claim reliance on the policy and make a claim in some jurisdictions for the two weeks of notice pay if terminated immediately, said Ashley Cuttino, an attorney with Ogletree Deakins in Greenville, S.C. “As a result, any such policy should request a notice but reserve the right of the employer to accept the resignation immediately.”
If there is an employment contract, it may state how resignation and notice periods should be handled, she noted.
“In most instances, the resigning employee will be at-will, and the employer can determine if [it] will allow the employee to work the notice period,” Cuttino said. “Whether or not the employer chooses to allow the employee to work the notice period is normally an issue of what work needs to be completed to transition the employee out of the organization.”
Give And Take
There is usually a give and take within the notice period. It’s common that the resigning employee helps train their replacement. This training may or may not last the full notice period. Two weeks is the common notice period given, but there is always some give and take in this time frame. The employer shouldn’t feel forced to decide between two weeks or immediate termination. In some instances, a week can be enough time to have an adequate transition period, and ask the employee to be on call for questions that may arise in the following week.
Legal Risks
Upon receiving a resignation notice, an employer needs to minimize the possible legal risks by making sure that there is no law in the relevant jurisdiction that requires employees to be paid if the employer releases the employee immediately.
There are also legal risks with immediate termination if the departing employee has made a prior complaint against the employer.
Employee expectations also need to be considered. Some might expect their two-week notice period to be paid in full, and some try to apply for unemployment or wage claims if they receive immediate termination.
Here at California Labor Solutions, we can help guide and fulfill all your company’s HR outsource and HR management ne, HR management needs, from recruitment until termination.
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Disclaimer:
Please note that the updates, advisories, and regulations we receive from the promulgating agency often contain ambiguities and/or are often amended, modified, or updated. This material/article/email does not contain any legal advice. The information and opinions expressed herein are based on our reasonable interpretation of the issuing agency’s publication at the time the opinion is expressed and is, therefore, subject to change based on further developments. The effect of the opinions expressed may be different based on your particular circumstances, and it is recommended that you not rely upon these general opinions prior to obtaining a consultation with your legal and/or financial advisors.