Fantasy Football - Footballguys Forums
This is a sample guest message. Register a free account today to become a member! Once signed in, you'll be able to participate on this site by adding your own topics and posts, as well as connect with other members through your own private inbox!
Resignation via email (1 Viewer)
- Thread starter Judge Smails
- Start date
johnnycakes
Footballguy
Here in MA, if you put in your two weeks notice, they can fire you on the spot. The running time then starts for collecting unemployment... and there is a mandatory one-week period during which you get nothing... no regular pay, no unemployment. That would leave one week of eligibility for UIC before starting the new job. Of course, if they cash you out on any earned comp, that gets tacked onto the one-week wait time, too.
Baloney Sandwich
Footballguy
http://www.payscale.com/compensation-today/2011/12/quit-job-without-two-weeks-notice
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
krista4
Footballguy
P.S. The post from "Robin Thomas, J.D." also indicates that it is not legally necessary to pay the amount.
Last edited by a moderator:
Baloney Sandwich
Footballguy
I've been in HR/Recruiting for 20 years, in almost all instances I've encountered (it ranges in the several hundred) if an employee properly handles their resignation with a signed letter and a date two weeks out that they will end their employment, the employer is going to pay them for the two weeks regardless if they walk them out the door immediately.
P.S. The post from "Robin Thomas, J.D." also indicates that it is not legally necessary to pay the amount.
krista4
Footballguy
With that I completely agree. Barring special circumstances*, the company does not, however, "owe you that money" legally, which is what you originally said. Since we're comparing resumes, I base this on 23 years of lawyerin' with Fortune 500 companies.I've been in HR/Recruiting for 20 years, in almost all instances I've encountered (it ranges in the several hundred) if an employee properly handles their resignation with a signed letter and a date two weeks out that they will end their employment, the employer is going to pay them for the two weeks regardless if they walk them out the door immediately.
P.S. The post from "Robin Thomas, J.D." also indicates that it is not legally necessary to pay the amount.
*For example, a company with a severance policy based on years of service decides to terminate immediately an employee who would be entitled to three weeks of severance under that policy, rather than wait out the two weeks of notice. Could be a good argument for that employee that this was now an involuntary termination (by the way, you said "involuntary resignation," an animal that does not exist) and he/she is entitled to that severance. Of course, an employer would be incredibly stupid to do this since they could instead get two weeks of worth and pay the person less, since they'd owe no severance under that scenario. Just a far-fetched example of when it might be owed, though even in that scenario it has nothing to do with whether or when the notice was given.
Last edited by a moderator:
krista4
Footballguy
Baloney Sandwich
Footballguy
Poor phrasing on my part. I should have stayed away from saying things like owed and instead just mention the default policy of almost any company will be to pay out the two weeks. It seems like a lot of people are not aware of this being true so I was just trying to help those out if they are faced with the situation.With that I completely agree. Barring special circumstances*, the company does not, however, "owe you that money" legally, which is what you originally said. Since we're comparing resumes, I base this on 23 years of lawyerin' with Fortune 500 companies.I've been in HR/Recruiting for 20 years, in almost all instances I've encountered (it ranges in the several hundred) if an employee properly handles their resignation with a signed letter and a date two weeks out that they will end their employment, the employer is going to pay them for the two weeks regardless if they walk them out the door immediately.
P.S. The post from "Robin Thomas, J.D." also indicates that it is not legally necessary to pay the amount.
*For example, a company with a severance policy based on years of service decides to terminate immediately an employee who would be entitled to three weeks of severance under that policy, rather than wait out the two weeks of notice. Could be a good argument for that employee that this was now an involuntary termination (by the way, you said "involuntary resignation," an animal that does not exist) and he/she is entitled to that severance. Of course, an employer would be incredibly stupid to do this since they could instead get two weeks of worth and pay the person less, since they'd owe no severance under that scenario. Just a far-fetched example of when it might be owed, though.
krista4
Footballguy
Poor phrasing on my part. I should have stayed away from saying things like owed and instead just mention the default policy of almost any company will be to pay out the two weeks. It seems like a lot of people are not aware of this being true so I was just trying to help those out if they are faced with the situation.With that I completely agree. Barring special circumstances*, the company does not, however, "owe you that money" legally, which is what you originally said. Since we're comparing resumes, I base this on 23 years of lawyerin' with Fortune 500 companies.I've been in HR/Recruiting for 20 years, in almost all instances I've encountered (it ranges in the several hundred) if an employee properly handles their resignation with a signed letter and a date two weeks out that they will end their employment, the employer is going to pay them for the two weeks regardless if they walk them out the door immediately.
P.S. The post from "Robin Thomas, J.D." also indicates that it is not legally necessary to pay the amount.
*For example, a company with a severance policy based on years of service decides to terminate immediately an employee who would be entitled to three weeks of severance under that policy, rather than wait out the two weeks of notice. Could be a good argument for that employee that this was now an involuntary termination (by the way, you said "involuntary resignation," an animal that does not exist) and he/she is entitled to that severance. Of course, an employer would be incredibly stupid to do this since they could instead get two weeks of worth and pay the person less, since they'd owe no severance under that scenario. Just a far-fetched example of when it might be owed, though.
I think we're in agreement. It looked like people were taking your post to mean that the company would have a legal obligation, which they wouldn't. My experience is the same as yours that the vast majority of companies will go ahead and pay it in just about every circumstance. That is good for people to know; just don't want them to think that means they have a legal claim to it or that there's no risk they'll lose it.
Last edited by a moderator:
Corporation
Angry Bovine
I'm late to the party, but you weren't wrong here. Professional courtesy calls for face to face if possible and voice if there is a distance involved. I wouldn't get worked up about it but it would reaffirm that he is someone I wouldn't want to work with in the future.
Snoopy
Footballguy
Polish Hammer
made of glass
Fair question, and I'm really not sure. I took over managing them about a month ago. One guy I met once in person and I'd peg him as early to mid forties. The other guy I spoke with on the phone exactly once. (After that he went on a three week vacation, then returned and quit the first day back....just so nobody thinks I'm an absentee manager.)
Johnny Rock
Footballguy
30 days notice for Executives. Even for lower positions, I don't know how two weeks became the de facto rule, but it sucks. Never enough time.
Judge Smails
Footballguy
It is common practice in our industry for someone to give 2 weeks notice and be gone that day. We simply don't want sales people having access to contacts in our CRM system, be able to download proprietary info, etc. Though if planned they could have done all of that before they decided to quit anyway. Anyway, our HR will never fight the 2 weeks. Ever. It's not worth the blast on Glass Door - right or wrong.
AAABatteries
Footballguy
I doubt I would get too worked up over it if someone did it to me but for me I have too much respect and gratitude to my current boss to ever do that to him. I would sit him down and explain that I was leaving and why and would have a formal resignation letter with me to give to him after we were done.
Similar threads
