Do Voluntary Resignations Require Advance Notice?
When you’re watching your labor costs, it is important to know how to handle an employee resignation, compensation-wise. If you require employees to provide two weeks’ notice of their resignation, you may have to pay them for that full period even if you release them earlier. But, even if you only request the advance notice, it still may be better employee relations to pay for that full two-week period.
Q: Can we require employees to give two weeks’ notice of their resignation? What happens if we tell an employee to leave prior to the end of the two-week notice period, are we obligated to pay the employee for the full two weeks? What if we only request the notice but do not require it?
A: If you specifically require employees to give notice, as opposed to simply requesting the notice, you may have to pay for the full two-week period even if you ask the employee to end employment before the completion of the two weeks.
Most employers request or require that employees give advance written notice of their intention to resign so that an orderly transition can be made. The amount of advance notification requested may vary depending on the nature of the position. Many employers suggest two weeks as an appropriate amount of notice for most positions, although up to four weeks may be preferable for upper management.
(Download a free Termination of Employment model policy including HR best practices and legal background.)
Whatever the length of the period, though, the way you specify how resignation notices will be handled is important. A requirement, as you are suggesting, that employees give a certain amount of notice of their resignations, in some states may create an implied contract obligating you to give an equal amount of notice before terminating an employee. So, in those states, if you require notice of a resignation and then decide to terminate the employee earlier, you may be required to pay the employee for the balance of the notice period. Further, you may even find that you are required to give a similar amount of notice to any employee that you terminate. For this reason, a policy that requests notice from resigning employees, rather than requiring the notice, may be a more prudent course to prevent potential contract claims.
However, even if you only request two weeks’ resignation notice, you should be prepared to pay out for the full period if you then decide to terminate the employee early. Employers often have legitimate reasons for wanting an employee to stop working immediately, such as concerns about security or reduced employee loyalty or productivity. In these cases, many employers pay for the notice period, even if they have not created a contractual obligation that requires payment.
There are two basic reasons for voluntarily paying for the notice period. First, if you tell the employee to leave without pay after notice has been given, this action could turn a voluntary resignation into an involuntary termination and potentially make the employee eligible for state unemployment compensation for any period of interrupted employment. Second, and arguably more importantly, a termination action without pay sends a negative message to the rest of your workforce, i.e., if you give notice as requested, you may be penalized. As a result, morale will be hurt, and you likely will not receive many advance notices of future resignations.
(Download a free Termination of Employment model policy including HR best practices and legal background.)
Instead, if you compensate the employee for the notice period, your action should prevent questions about eligibility for unemployment benefits or implied contract violations and encourage other employees to give notice in the future.
Regards,
Robin Thomas, J.D.
Personnel Policy Service, Inc.
More from PayScale
What Small Companies Really Need from HR
Good Looks Ensure More Jobs and Better Pay
What We Would Teach Ebeneezer Scrooge About Compensation
I resigned on the 22 may 2014 but now its 2 July 2014 and I didnt get any money when must I get my money
i have just recently resigned and im serving a 1 week notice as per employment act cause Ive been here less than 6 months, my question is and please advise, what is the salary payment that im entitled to?
Like the author states, some states consider the 2 week notice requirement to be an implied contract which means that they the company would end up paying more than 2 weeks of “unworked pay” if they didn’t comply. It’s called, contructive discharge. but I’m going to assume “Monk” isn’t from the Human Resource World.
I worked for around 1yr 7 months in a company. At May 2013, company asked me to leave. I didn’t apply for any resignations prior. They just call me and ask me to leave. I got my salary for May, but i got salary for June too. I resign on May 30, then how come i get my june month’s salary without any working ?
our worker has given his letter to resign and I need to know how to work out his pay
is it the months salary and another month salary plus leave pay .pro rata or how do I work it out please assist me in this matter.
Hi iam working in 1 company and I have 1offer with new company but old company didn’t give releaving before 90days so my question is in that case new company can cancel my offer letter or not.
Hi i had quit my job without giving prior notice a month ago but some amount of money as credited in my account by my company kindly could you explain it.
I give resigned on 01/03/2015.my company rules is 1 month i need work but they said to me you need extend for 15days and i work until 15/04/2015 i stop my duty. But until they didnt say anythings.i go 2times my office but they answer me from head office they didnt send your paper maybe after 2-3day they said always.so what i will do now??
I am working with a private chain of hospitals and i have resigned on 12/8/2013 as a notice period of 30 days according to company protocols and last date will 13/9/2013 . I got my salary in account on 7th date of the month but now HR is saying that my all salary will come through cheque after 45 days of the last working day. But I was thinking that my salary of aug month should come in account on the fix date and the salary of rest of the days from 1/9/13 to 13/9/13 will come through cheque .… Read more »
Dear Lisa,
Hope you have been given the appointment letter,please check the points mentioned in it accordingly in reference to the termination.If you are in notice period of 1 month you are eligible to get payed according to what you draw the regular salary every month.
And if you do not wish to complete that notice period you have to leave in lieu of your salary.
I was working in security. Last week my company said..we are removing you from site but we don’t have anything else to offer. So next day I resigned. Now they are holding my pay and said we will pay on Oct. 24. Which is full month from my resignation. I don’t have job till now and have to pay my rent. They ditched me. They committed that it will be base plus site wage..but I always got 11 dollars. They hired me for rotation and made me work overnight for 1 and half month and later said..now we don’t have… Read more »
I worked for a company from June 16 to October 9, sent the resignation letter on September 23 communicating I would be working until October 9. That day I received my regular check. Should I receive any additional money?. I was offered benefits , 401 k and health insurance which I never received
I am working in X company who has vendor Y and who has client Z.
I gave 2 weeks notice even when the agreements does not mention.
X and Y says they have an agreement that I should give month notice or there is penalty of $2k.
I am on H1 so X did not give me proper letter and he is saying he would take this money from me. Is there anything that I can do?Thanks!
Please help,,
my company has been terminate to me ,they do not provide me any kind of information about same ,
can i ask them for one month salary to pay me in leu of termination .
also i do not have any kind of appointment letter,at the time of joining they only gave me the offer letter.
company a and given a months notice,after one week I was asked to leave the building and given a letter stating that I’m not being dismissed and I will be paid and that I’m being asked to leave to aid new managed structure and at the end of the month they deducted my whole salary as a purchase that I haven’t made,I have requested the reason for this and they haven’t replied yet.I have been in contact with he HR lady and she says that she cannot understand why this was done,the accountant says that the CEO had requested her… Read more »
Dear All,
I need your valuable inputs over the following matter –
Can any company ask to pay the salary transferred in his a/c after resigned, while they didn’t cleared Full & Final. They send a computation sheet stated few PL’s ( while actual PL were much high according to last salary slip)
Kindly suggest further, as that company send a registered AD stated to pay the amount with in 15 days.
Thanks – Rajesh
Hi friends,
I joined a company three months back. they have not given any appointment letter. due to personal reason i left my job. I sent resignation letter thru mail and hard copy submitted and after 7 days from resignation letter , i stopped going to office. Now the company has not given my salary. If i go legally will i get my salary. As per the rule what is the period i need to serve notice period . Note: i have not received any offer letter
Hi sir i priyaranjan ojha i m voluntary resign my job ,then company is demanding to me some money .because i m not given to notice period ,sir tell me what to do?
Should I get pay after I resign
Dear sir.
I have resign my job on 23-12-2014.i am worked that company 11/2 month.this company not pay any amount.hr tell that ur salary will come after one month.please tell me any solution .
I have left the job without resigning now my boss is asking for a notice and if I doesn’t give than I have to pay them money please suggest me proper way
Good day my husband has resigned from his company a month ago and did give them a notice period of 1 month. He had leave days owing to him which he hasnt taken throughout the year. The company hasnt paid him as yet…they keep telln him today or tomorrow but nothing. How do we go about in approaching the situation
Hi, I would like to ask some question..I file my resignation on 25ft of december and my last day is on 23rd of January and i had some absences after i file the resignation.Is there any case or penalty for that my company will charge me?
I got suspended on the 23rd of DEC with psy and benefits on the 16 of Jan I resigned I haven’t received my pay and they telling me they blocked my salary coz I resigned
i gave my company 1 weeks notice, full well knowing that if the business did not come in he would probably lay me off. My employer now stated that the resignation date should change to eliminate my 1 weeks notice. Is that legal?
I have my notice in writing with the proper date
Hi I resigned on the 23rd of December 2014 , effective 1St Jan 2015 to cease 31st Jan 2015 in my second week of working I my notice I fell ill and had to undergo a emergency total abdominal historectomy on the 22nd Jan and was booked off till 6th of March 2015 in the interim my salary was paid yesterday and only 5 leave days but my salary advise says 30.05 leave days due I then get a email from my employer who is a Liberty insurance consultant that we will discuss the leave due to me when I… Read more »
i gave resign on 20/02/2015 and my boss accpet it and releave me on28 feb 2015. but now he is not giving salary till we have enough money after my expenditure before 15 march. he did not give salary in march 15 month by saying we will give you 4 or 5 days. 8-9 days. now he says before 15 we cannot give salary.
I was told to submit two weeks notice for resignation in order to be paid out the remainder of my vacation time.. They discharged me two days earlier without notice before my notice period ended. I wasn’t compensated for my vacation pay or the the two days i was release from my duties. I filed unemployment and they disqualified me… Is this legal?
I gave two weeks notice. Two days later I was asked to leave. They paid for the following week but not the full two weeks. Am I owed any more compensation?
> Radebe Jan Jabulani : are you in states or?
Hi
My contract states that i must give three months notice but I only gave one month. can my employer hold back my salary in this case?
i resigned on 10-04-15 at security company without giving a notice and i didn’t get my last paid that i had worked for before i resign and also my leave money
I wrote resignation letter and handed it over to my personnel manager who delivered it the same day I left which was 30th April 2015 this year.When I was there I worked as the general coordinator, head of engineering unit and also lecturer on 16 courses coupled with other things like lab attendant job. All these for one person with a target of 1.5million a month if I don’t meet up my boss will hold my salary but pay only the female staff he dates.Whereby frustrating/holding my salary 2months before he will pay .and my salary was 33000 monthly. So… Read more »
I gave 3months notice to my company and a am currently of sick during my notice with stress . I have sent both sick notes by post to the company. I have a potential new company to go to and my old company sent them a letter that they were unable to do a reference at this time as they taking legal action against me . O sm not aware of any action been taken as they have not contavted me about this issue so dont know what it is . The company that I work for is a childrens… Read more »
i work in a private firm for 4 years. Just this year March 20,2015, i decided to resigned for personal reason.i rendered 30 days of service as required. I was amazed when i received my backpay with the amount of only 6,000+. Are the computation correct?
i work in a private firm for 4 years. Just this year March 20,2015, i decided to resigned for personal reason.i rendered 30 days of service as required. I was amazed when i received my backpay with the amount of only 6,000+. Are the computation correct?
HI I HAVE GIVEN A RESIGNATION LETTER LAST YEAR OCTOBER N I WAS WONDERING AS N MECHERNDISE BUT NOW THAT COMPANY HAS NOT PAID ME YET WHAT MUST I DO
I am Ashish chaubey. I joined company for three month . I gave resignation letter but company didn’t give acceptance of resignation letter and not wanted to pay any money for one month that I worked. manager said that you may go. refused to pay me any money. please answer my question what should i do in order to get my salary??
Hi i resigned because I found a better job BT they did not payback my money I work for I worked there for 8 months.what should I do because I was getting the payment everyweek BT when I resigned they did not pay me
Good morning
I have had a meeting with my boss and have told him i am wanting to resign , but did not give any timeframe on notice , i am still currently working what is the notice time i should be given once they have found a replacement and what pay out shout i get ,ect salary , leave pay prorata bonus ?
I was with Kroger for 10 years. I was dissatisfied after being demoted from a position due to a closing of a store. I was bumped by a lady that had more seniority than me. I took almost a $6.00 an hour pay cut. Got behind on my bills, I had gotten behind on my car payments. The stress was unreal. The most recent incident, my grandmother passed away and they told me I couldn’t take my days until it was agreed with management. Anyways I got fed up with Kroger I put my 2 weeks in and then was… Read more »
I am a nurse. I originally resigned my job but changed my status to relief. I resigned in November and worked a day in my old job in July. I didn’t get paid for the day in July because the hospital said that I had been terminated. They said there is no way to pay me. Is there anything I can do about it?
I gave given my employee 2 weeks notice as per contract. She accepted it and the next day terminated me with the following. Paid a half day and then 7.5 days holidays owing. Am I entitled to the 2 weeks pay. Please advise. Thank you.
monk, we see your type on CNBC American Greed, people who dont follow the law and treat people like your better some how. i worked for people like you all my life, now that i am retired i take employers like you to task and i really enjoy it.
how i got my husband back and got pregnant after 5 years!!!my husband has been patient with me and has been encouraging me that it will be best if we had hopes that we will have a child one day.last year,we had a little fight and he demanded for a divorce and i was so down because without him,i am nothing.he left me and the next day i met him with another woman in a shopping mall.i even tried talking to him but he pretended he didn’t know me.i told my sister about it and she introduced me to the… Read more »
I resigned a month ago after 15 years what payment should I get from my employer didn’t work out any notices
I worked for a certain company for 6 years and resigned but I’m not satisfied with the money I got. I was earning R6500 monthly but I only got R43000 is that correct?
I joined a company in July 2015. However, 2 months into the job, I found the role beyond my capacity & hence resigned before the management would tell me to go. As per my appointment letter, there is notice period of 3 months for confirmed employees & 2 months for those on probation from either side. I wish to serve my 2 months notice period, but the company is saying that they will relieve me within 15 days itself. They are saying it is the discretion of the company after an employee has resigned whether to make the employee serve… Read more »
I submitted a one month notice last Nov.10,2015 . I have 26 days annual leave haven’t use and I ask the Director if I can leaver as of November 16,2015 and they allowed me to leave.Please advise me how much do I get from the company ?
I resigned while I was on vacation (approved vacation) without giving 2 weeks notice, am I entitled to get paid for my vacation?