Firing After Resignation

[vdo]

California

Any employee resigned and has given more than 2 weeks notice. His performance was poor was we were about to terminate to begin with. He is under 90 days probation as well. I want to ask him to leave early but do I have to pay him for the 2 full weeks? Can I terminate him after he has given notice?

Thanks

 

[justalayman]

Unless you have a contract that says otherwise, you do not have to pay him for any time he doesn't work and you can boot him right now.

 

[Chyvan]

you do not have to pay him for any time he doesn't work and you can boot him right now.

If he has prior work history and you do this, he's going to be eligible for unemployment.

 

[eerelations]

If he has prior work history and you do this, he's going to be eligible for unemployment.

But only for the period from the day you let him go 'til his resignation date.

 

[cbg]

You are welcome to accept his resignation to be effective any day that is convenient for you. You are not required to pay him for the notice period. However, as indicated, if you do not, you will become responsible for his unemployment. You might also want to think about the fact that if you do not honor his notice by either allowing him to work it out, or by paying him for it, you may soon find that your employees give no notice at all and announce as they're leaving for the day that they're quitting effective immediately. After all, why should they give you the courtesy of a notice if they're not going to be paid for the time?

So while you may legally boot him out now with no pay for the notice, I would respectfully suggest that it would be better for you in the long term if you did pay him for the time anyway.

 

[Chyvan]

'til his resignation date.

Not in CA. They get benefits regardless of the final day. Now, it's likely that someone quits is doing it because of another job, and there is an end in sight, but you can't count on it.