Releasing an employee prior to notice date?

Question

I have an employee who gave 2 weeks notice today. For company political reasons, I'd prefer to make the release immediate. What ramifications, if any, would I face in doing so?

Answer 1

You have not stated the notice period as per appointment order.
If it is 15 days, you are bound to relieve the employee on the 15 th Day, Otherwise you will be committing an illegal Act !!

Answer 2

There are a lot of companies who will terminate you the day you give your 2-weeks' notice. Some will pay the extra 2 weeks, some won't.
Most (if not all) states have "at will" employment laws, which means that you can terminate someone (or they can quit) at any time, for any reason, or no reason at all. The only issue becomes whether they are then able to collect unemployment compensation, and that varies from state to state, as well as the reasons given for unemployment.

Answer 3

I actually agree with the other post as the employee was following proper protocol and his discharge by your company grants him unemployment benefits. If your company offers benefits, you may end also end up paying his full month of premium for the rest of this month before his COBRA kicks in unless you can terminate his coverage the day of his termination.
He can also turn around and state he was "constructively discharged" because he had one opinion and the company had another and was 'forced out' by upper level management - just be sure you have all your documentation. Failiure to have your case ready to defend may cost your organization.
You can justify teminating him , early if he was in a position of high confidentiality, and perhaps pay out his remaining time as a positive approach to avoid any unwanted confrontation.
Again, these are all case by case, and even the unemployment can be fought if you can prove that his termination was necesary - i.e. police report, proven theft, etc. I also do not know what state you are in but some states manadate that you pay his final check on the day of discharge. Check with your state laws or HR (unless you are HR, then go to one of the sites below)

Answer 4

Do you have an employee? Or is this your (the employee) copy from your employer? Are they filling out the forms? And who is this letter from? Who is this Marshal? Creditors can't tell your employer to garnish your wages. That would come from the state (if at all). That would usually be for taxes or child support and those letters don't look like that. It sounds nuts to me. It doesn't sound right. Especially the part about wanting to cause as little annoyance as possible (in caps). To me, it does not seem to be a letter that is legal. Make sure to find out what your employer is doing.

Answer 5

None.The comments above would only pertain to a performance specific, written contract. Any notice is just a professional courtesy terminating a verbal agreement and is no more binding than the original "at will" contract. A resignation, just like post-dated check, is valid when it is issued and recognition of the target date is only provisional.

Just as they have no recourse to immediate separation, you cannot withhold any accrued funds if they choose to leave before the notice expires; however, you are under no obligation to pay extended salary beyond that point. Good Luck.

Answer 6

Generally Heather if an employee gives two weeks notice, and you want them out sooner, you should just pay them for the two weeks.

Give them the check for the time at the same time that they pick up their final paycheck.

If so inclined, the employee could sue the company for wrongful early termination (especially if they have documentation that two weeks notice is required).

Cut the check and walk them to the door, it is a small price to pay to keep the company's political peace

Answer 7

It is very common practice to release an employee who turns in a notice. In fact, I've seen security stand watch while the person clears out their desk and then are escorted out of the building.

Answer 8

you should offer to pay them the full two weeks but ask them to leave now. They might need that two weeks of pay and penalizing them by terminating them early and not paying them might be more costly for you in the long run. Plus, you want people to give two weeks notice, it is common courtesy. If you "screw" this employee, you will be teaching all your other employees to quit without notice.

Answer 9

it is quite common practice for some very obvious reasons, some bragging about there new job, lack of productivity, sabotage, etc. I routinely let people go when they give their notice, it is not illegal they quit. The time line is irrelevant.

Answer 10

Severance pay