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An employee gave a 2 week notice dated 1/23/07 for a final date of 2/6. We let them go on 1/26 w/pay (they are going into their own business, as a competitor to ours).
Do we have to pay them thru 2/6 because they gave notice until 2/6 or can we pay them thru the day we let them go earlier?
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| There is nothing legal that says you have to pay them through their two week notice. It is a good business practice though.
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Many employers are under the misconception that under these circumstances they must pay the employee for the full time the employee has given notice. It is not required by law to pay employees for the full time when they quit with notice, yet the employer elects to let them go early.
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Sorry! I forgot this part of the above post...
"Notwithstanding this right, if the employer requires prior notice, the employer is obligated to pay out the notice period."
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Thanks for your replies; Just to update: We paid them through the end of the date they gave notice for. We felt obligated to do that because #1) if we didn't they could claim unemployment, #2) their records will show voluntary quit versus involuntary, and #3) we decided it was the best option, we felt they were disgruntled employees and may have been looking for reasons to file any legal action
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If in an an employement agreement states: "except in the case of early termination for cause, both parties to this agreement will provide the other with at least 60 days advance notice of their intention to terminate this agreement"
1. What recourse can an employer take when that amount of advance notice is not given? and 2. Can the employer terminate the employee early if the 60 days notice is given, and the employer chooses not to allow them to work it out?
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