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Employee Resignation Notice
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Employee Resignation Notice
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
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 1/5/2010 4:53 AM EST
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Posts: 1
First: 1/5/2010 Last: 1/5/2010 |
Having worked for a British based company and working with UK employment contracts, I can say they are very different from those used in the US.
Your best bet is to consult with your employee relations attorney and/or your state department of labor to determine your contractual obligations. Since you've made it a requirement to provide a specific amount of notice, you could very well be required to pay them for the time, even if you choose to have them not come into the office during the notice period. There are some pieces to this puzzle that are missing regarding why you don't want this employee to continue through the notice period that you required. This could have an impact on whether or not you need to pay them. |
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Employee Resignation Notice
posted at 1/5/2010 5:43 AM EST
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Posts: 5
First: 9/27/2005 Last: 1/5/2010 |
YO!! You folks ever hear of the Right to Work laws? Check out: http://www.nrtw.org/rtws.htm
Most states prohibit "contracts" like you describe, and they are unenforceable. Thus, you can "walk" anytime you want without penalty. Call your State Employment Office for guidance. Jan Bohren Croton-on-Hudson ETHOS21st@aol.com |
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Employee Resignation Notice
posted at 1/5/2010 7:11 AM EST
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
JanBHR, if you knew anything about right-to-work laws, you'd know that they're completely irrelevant to the OP's issue. Since you obviously don't know anything about right-to-work laws, I will explain:
Right-to-work means that an individual has the legal right to work without having to join a union. As you can see, this has no connection to the OP's contracted notice period issue. Regarding your statement about an employee's right to "walk...without penalty" I will assume that you're talking about at-will employment. At-will employment means that absent a written contract stating otherwise, employers may terminate their employee's employment at any time without notice and that - again absent a written contract stating otherwise - employees may terminate their employment at any time without notice. Given that this employee has a written contract stating otherwise, she is not an at-will employee and therefor may not terminate her employment without providing the notice specified in her contract. |
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Employee Resignation Notice
posted at 1/5/2010 9:36 AM EST
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
Well, since everyone's so pleased with what I've been saying so far, I will address another part of JanBHR's post, specifically this bit:
"Most states prohibit "contracts" like you describe, and they are unenforceable." JanBHR, at-will employment, as defined by both state and federal law, is not mandatory. Legally, at-will employment is a circumstance that exists only in the absence of a contract that specifies otherwise. Since the OP and his employee have a contract that specifies something other than at-will employment, at-will employment is irrelevant to their issues. If you (or anyone else here) have any questions, please feel free to ask me (as I'm obviously on a roll here!). |
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Employee Resignation Notice
posted at 1/5/2010 7:11 PM EST
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Posts: 12
First: 10/10/2000 Last: 6/1/2011 |
Interesting.....
One of the components of a contract can include actions in good faith. Also, extraordinary terms and conditions placed on the employee may need to be compensated. There is also a lack of equity in that the company can give one month and the employee is required two months. My between the lines view of the employee only being able to work part time is a statement of good will and intention. That you wish to server the employee sooner and questions about unemployment does not mirror good will. If the hiring habits in the area are such that an employee at this level/ position cannot expect to secure a new position two months out then the constraint of a two month termination notice may be "servitude" and you are possibly back to "at will" or less. Another consideration might be the nature and use of the contract. If the same contract is in place for a wide range of positions with wide ranges of compensation packages the inequity in compensation could be grounds for fun and games. Interesting... |
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