{"id":6032,"date":"2018-10-03T10:48:49","date_gmt":"2018-10-03T14:48:49","guid":{"rendered":"https:\/\/gtm.com\/business\/?p=6032"},"modified":"2024-08-30T11:11:53","modified_gmt":"2024-08-30T15:11:53","slug":"are-you-required-to-honor-an-employees-two-week-notice","status":"publish","type":"post","link":"https:\/\/gtm.com\/business\/are-you-required-to-honor-an-employees-two-week-notice\/","title":{"rendered":"Are You Required to Honor an Employee&#8217;s Two-Week Notice?"},"content":{"rendered":"<p><strong><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-large wp-image-6033\" src=\"https:\/\/gtm.com\/business\/wp-content\/uploads\/pexels-photo-235975-1024x681.jpeg\" alt=\"required to honor an employee's two-week notice\" width=\"1024\" height=\"681\" srcset=\"https:\/\/gtm.com\/business\/wp-content\/uploads\/pexels-photo-235975-1024x681.jpeg 1024w, https:\/\/gtm.com\/business\/wp-content\/uploads\/pexels-photo-235975-300x199.jpeg 300w, https:\/\/gtm.com\/business\/wp-content\/uploads\/pexels-photo-235975-1080x718.jpeg 1080w, https:\/\/gtm.com\/business\/wp-content\/uploads\/pexels-photo-235975.jpeg 1280w\" sizes=\"(max-width: 1024px) 100vw, 1024px\" \/>Q:<\/strong> <em>One of our employees just informed their supervisor that they are quitting, and said their last day will be in two weeks. We would prefer not to pay the employee for two more weeks and have them just leave now. Are we required to honor an employee&#8217;s two-week notice?<\/em><\/p>\n<p><strong>A:<\/strong> Assuming there is no contract or agreement to the contrary, you\u2019re not required to keep an employee on during their resignation notice period or compensate them for the duration of that period. However, we recommend considering a couple issues before asking an employee not to work during their notice period.<\/p>\n<p>First, if you have them leave before their notice period is up and don\u2019t pay them for that time, the resignation may become an involuntary termination in the eyes of your state\u2019s unemployment insurance department, making them eligible for unemployment. The effect of a single claim on your UI tax rate is likely to be very small, but if you\u2019re concerned about it, you could pay the employee for the duration of the notice period, but not have them come into work. (Note that you may operate in states where even paying them through that period will not prevent a successful UI claim \u2013 you\u2019ll want to check <a href=\"https:\/\/labor.ny.gov\/ui\/employerinfo\/unemployment-insurance-law.shtm\" target=\"_blank\" rel=\"noopener\">state law<\/a> if you decide to go this route.) If the employee is leaving your organization to take a position elsewhere, chances are they aren\u2019t planning to file for UI anyway, so this may be a moot point.<\/p>\n<p>Second, terminating the employee before their resignation period comes to an end could motivate other employees to forego giving adequate notice in the event they resign. By terminating an employee immediately, rather than letting them earn two more weeks of pay, you\u2019re effectively telling other employees that you don\u2019t honor notice periods. As a result, they may not see the point in giving you that courtesy.<\/p>\n<p>Ultimately, the choice to terminate early \u2013 with or without pay \u2013 is up to your discretion. There are certainly good reasons to ask an employee not to return to the office once they have offered you notice. Just keep in mind that it might also be best to go ahead and pay them for their notice period, even if you don\u2019t want them to continue to work.<\/p>\n<p>Want access to helpful HR information like this? GTM offers businesses <a href=\"https:\/\/gtm.com\/business\/what-we-offer\/hr\/\" target=\"_blank\" rel=\"noopener\">two easy solutions<\/a> to stay on top of changes to wage and labor laws and to access important HR policies, documents, guides, and more. <a href=\"https:\/\/gtm.com\/business\/contact-gtm\/\" target=\"_blank\" rel=\"noopener\">Contact us<\/a> for more information and a quote.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Q: One of our employees just informed their supervisor that they are quitting, and said their last day will be in two weeks. Are we required to honor an employee&#8217;s two-week notice?<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[266],"tags":[18,35,13],"post_folder":[],"class_list":["post-6032","post","type-post","status-publish","format-standard","hentry","category-consulting-services","tag-employer-policies","tag-termination","tag-unemployment"],"_links":{"self":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/6032","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/comments?post=6032"}],"version-history":[{"count":3,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/6032\/revisions"}],"predecessor-version":[{"id":6037,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/6032\/revisions\/6037"}],"wp:attachment":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/media?parent=6032"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/categories?post=6032"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/tags?post=6032"},{"taxonomy":"post_folder","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/post_folder?post=6032"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}