If an employee gives a two-week notice of his intent to leave, do we have to continue to employ him for the full two weeks?

November 30, 2007

Although there is no requirement to accept a two-week notice, providing that there is no existing employment contract between the parties to honor such a notice of a resignation, there are several reasons employers should not respond to a two-week notice by terminating the employee.

If an employer declines to accept a two-week notice, the employer is, in effect, terminating the employee. Therefore, the former employee has the right to claim unemployment insurance if his future employment plans should, for some reason, be eliminated. Also, such a termination may provide former employees with a possible wrongful termination claim if they leave under adverse circumstances. Consult an attorney for more information on wrongful termination.

Employers generally expect professionalism from their employees, including the expectation that departing employees will provide a two-week notice before leaving their position. In fact, some employee handbooks specifically state that employers expect such a notice. If employers terminate employees on receiving a notice of resignation, future departing employees may be reluctant to provide such a notice for fear that they will be terminated immediately and they will not receive compensation for their last two weeks of employment.

If you feel strongly that a resigning employee should leave immediately for any reason, we suggest that you tactfully inform the employee that he will be compensated for the following two weeks and that it is not necessary to remain on the premises after the close of business that day.

This information is adapted from Ceridian's HR Compliance Reference System. Contact your Ceridian representative for more information about Ceridian's compliance solutions.