Is Employer Obligated to Pay for Two Weeks after Notice if Employer Requests Employee Leave Now?
Q: Our organization generally requests that employees give two-weeks notice of resignation. If an employee resigns with two-weeks notice and we tell the employee to leave prior to the end of the two-week period, are we obligated to pay the employee for the full two weeks? A: You may not be required to pay for the two-weeks notice period, but should consider doing so for employee morale reasons. Most employers request or require that employees give advance written notice of their intention to resign so that an orderly transition may be made. The amount of advance notification usually depends on the importance of the position. However, requiring employees to give notice of their resignations may, in some states, create an implied contract obligating the employer to give an equal amount of notice before terminating an employee. For this reason, the Editors suggest requesting, but not requiring, notice from terminating employees. In the scenario described above, since notice is only reques
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