![]() ![]() For example, under some state laws, vacation accruals are considered earned wages and must be paid out to all departing employees. "A lot of times these issues are state-specific," Subramanian said. Stocker recalled a policy that based rehire eligibility on providing advance notice.īut employers should be aware of laws that may limit their incentive options. In some states, employers may condition the payout of accrued but unused vacation time on providing notice. For instance, businesses may offer a discretionary bonus or severance package to employees who provide notice. ![]() Instead of requiring notice, employers should consider offering an incentive. But employers commonly ask executives and employees with unique skills to let them know four weeks in advance, because they may need more time to prepare for the transition, noted Deepa Subramanian, an attorney with Ogletree Deakins in Atlanta.Įmployers should be careful, however, about referring to advance notice as a requirement, which could be interpreted to mean the employee has a guaranteed right to remain employed during the advance-notice period, Stocker said. It makes sense for some employers to ask for advance notice so they can hire and train a replacement and have time to reassign projects to others before the employee departs. Whether an employment relationship is at will or contractual, an employer can request advance notice of an employee's intention to resign, said Jennifer Stocker, an attorney with Barnes & Thornburg in Grand Rapids, Mich. However, having an employment contract in place for a certain duration creates an exception to at-will employment. Most states follow the employment-at-will doctrine, meaning that either the business or the worker can terminate the employment relationship at any time and for any lawful reason, either with or without notice. But employers should be aware of the associated risks. Since it can take a few weeks to get the search for a replacement going, employers might be tempted to require workers to give notice before leaving. Businesses face myriad disruptions when valued employees resign, such as decreased productivity and morale. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |