#1  
Unread 11-17-2003, 06:50 AM
jscheidter
 
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Default Paid 2 weeks notice?

An employee just gave her 2 weeks notice and her manager said well in that case, today will be your last day. The employee now says we have to pay her for the 2 weeks she's not working since she gave a notice. Is this true?
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  #2  
Unread 11-17-2003, 07:14 AM
ray a
 
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Default RE: Paid 2 weeks notice?

Once an ee resigns, you can accept their resignation immediately without paying out the the 2 weeks if it is in the best interests of the company. But, if you do not pay the 2 weeks they may become eligible for UI.
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  #3  
Unread 11-17-2003, 07:17 AM
Down-the-Middle
 
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Default RE: Paid 2 weeks notice?

Many states require that any type of "in lieu of notice" period must be paid to the departing employee. If you abbreviate the employees notice of resignation period, you'll likely be required to pay for it. Your state statutes should cover this requirement issue. Additionally, many states view this type of thing as a discharge (for u/comp) purposes, so you'll want to become familiar with FL requirements to know what is required. Abbreviating someone's employment is sometimes necessary, but it shouldn't become an 3everyday occurrence unless you get tired of paying u/comp to all your voluntary quits........
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  #4  
Unread 11-17-2003, 08:22 AM
mwild31
 
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Default RE: Paid 2 weeks notice?

I just have one other gem to the great posts already - what does your policy book say? Do you REQUIRE all departing employees to give 2 weeks notice or do you merely ask and hope they give it to you. If you REQUIRE it & they give it & you don't accept, you may also be on the hook for the two week pay. It seems to me that this was addressed in a WA state Law Letter (somehow one of the courts was involved - 9th maybe?? - or it could be our state supreme court???). Anyhow, do some research on this topic with the Law letters to verify, unless you feel confident that your policy book does not tie your hands. x:-)
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  #5  
Unread 11-17-2003, 08:38 AM
HRsage
 
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Default RE: Paid 2 weeks notice?

Mwild is correct. Your policy will also play a part in it on whether you require or request 2 weeks notice. I think it was the 9th circuit that addressed this awhile back, I'm not sure about Florida statutes though.
The other posts are correct also that if you don't pay the 2 weeks the ee will most likely be able to collect UI, even if you don't require the 2 weeks notice.
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  #6  
Unread 11-18-2003, 06:33 AM
dmartenson
 
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Default RE: Paid 2 weeks notice?

In Minnesota, if the company is the "moving" party - meaning that if we make the ee leave before their notice is played out, then the ee WILL be eligble for U/comp until his formal term date.

We just had a voluntary term letter given to us by an EE that we were near terming anyway. This ee did not give us a specific term date, just that he would be willing to stay until the end of the year to help transition/train/find another job scenerio. I was told that if we have the ee leave before he is ready to leave, then we are the "moving" party, and he will be able to collect U/comp.

Isn't u/comp grand?
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