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Employee Resignation Notice
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Employee Resignation Notice
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Our company requires our employees to give a 2 month resignation notice and in turn we give a 1 month termination notice (this is all stated in an employment contract for each of our employees).
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Forums » Topic Forums » Legal Forum » Employee Resignation Notice
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Employee Resignation Notice
posted at 12/15/2009 7:16 AM EST
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Posts: 2
First: 12/15/2009 Last: 12/16/2009 |
Our company requires our employees to give a 2 month resignation notice and in turn we give a 1 month termination notice (this is all stated in an employment contract for each of our employees).
Currently, I have an employee who gave 2 month notice, but has stipulated she will only be able to work part time during the 2nd month of her 2 month notice period. I would like to not have her work the remainder of her notice period, but wasn't sure if we would be legally obligated to pay her for any of that time. If any could offer some insight... |
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Employee Resignation Notice
posted at 12/16/2009 3:20 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
What state are you in?
Agree with hrbth that it is going to be in the details of the contract and state law. Honestly, one word could change the answer. What does the contract spell out for those who break it? What big stick do you have to wave and what will it cost you to wave it? But I would not suggest posting the contract language here. Instead, I would check with a local employment attorney who is familiar with employment contracts. |
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Employee Resignation Notice
posted at 12/16/2009 4:51 AM EST
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
The vast majority of employers do not have an employment contract with each employee, yet the original post implies that this particular company engages in such a practice. In light thereof, I'm curious whether the issue is revolving around an offer of employment, which is generally provided to all persons who are offered employment, rather than an actual contract of employment with specific provisions? The distinction has rather signficant implications. Dave Arnold, Ph.D., J.D. |
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Employee Resignation Notice
posted at 12/16/2009 9:20 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Good point Dave....Is it truly a contract or is it more on the level of an offer letter or employment policy?
But I do know certain professions where contracts are more common, especially at higher levels. I would also be curious as to whether the contract has a non-compete/disclosure portion that might give it more bargaining power. |
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Employee Resignation Notice
posted at 12/16/2009 10:29 AM EST
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Posts: 2
First: 12/15/2009 Last: 12/16/2009 |
Thank you all for you feedback. I will try to provide answers to your questions...
We are a British own company operating in Massachusetts. The company does in fact draft formal employment contracts with all its employees. It does not state a penalty for for a lack of full notice other than the implication that the employee would not be leaving on good terms or be considered for rehire. My biggest concerns at this point is: If I don't have the employee work the remainder of the notice period (1 month) would I need to pay the salary for that month? Also, could it be considered a termination of employment rather than the employee resigning, and would the employee now be entitled to an unemployment claim? |
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Employee Resignation Notice
posted at 12/17/2009 5:42 AM EST
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
Retain counsel that is familiar with Mass employment and contract law. As an aside, the employee is telling you that they are going to breach the contract during the last month of the contractual term. Under these circumstances, you should be able to rescind the contract and have no further contractual duties to the employee. I trust this information is helpful. Dave Arnold, Ph.D., J.D. |
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Employee Resignation Notice
posted at 1/5/2010 4:45 AM EST
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Posts: 1
First: 1/5/2010 Last: 1/5/2010 |
I think the main thing you need to do going forward is make your US policy reflect common practice in the US. Asking employees for a two-month notice period is common in the UK but is almost unheard of in the US. The concept of "employment contracts" is also quite different in the US. By making your UK policy global, it sounds like your company has created legal obligations for itself that aren't necessary. Good luck. |
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Employee Resignation Notice
posted at 1/5/2010 4:52 AM EST
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Posts: 1
First: 1/5/2010 Last: 1/5/2010 |
You simply need to have the employee redraft the resignation letter down to a 1 month notice and inform them that they are either obligated to work full time for 2 months or a date before said time where the employee can work a full schedule.
Once you have the new resignation of full time duty from the employee you are free and clear of any unemployment claims. Also, I would add to your offer contract a clause that it is "highly suggested" that a two month notice be given and any time short of that will be considered a negative in the employee's permanent file. This way, they can leave with a weeks notice (which by the way is their right) but it is understood upfront that they have not lived up to their obligation. Hope it helps. Jack Bridges SHRM |
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