XP: Putting in notice and employer not wanting to have notice worked through?

stacyinluv

I posted this on the 9 to 5 board, but was wondering if anyone could shed some light (yes I should know this answer because I'm in h.r. but never had to deal with this before).

I have an employee that put in a notice to quit (4 weeks) but my boss doesn't want him to work through his notice, would we be required to pay him through his termination date he gave in his notice? Thanks for your help.

the_magic_number

Yes, I believe you are required to pay him through his notice.  I had this situation happen to me (I was the boss) and I believe HR ended up paying her.

emilyandbrady

i don't think you do.  because ohio is an at-will employment state, his/her employment can be terminated by either party at any time.  the only thing you would be required to do is to pay out any earned wages and/or vacation time as outlined in your employee handbook.  double check with the legal team/attorneys to be sure. 

stacyinluv

Oh we defintely don't have a legal team or anything like that at this place.

emilyandbrady

oh, check the state of ohio department of labor web site.  they should have an FAQ section that answers those types of questions.  if you have trouble finding it i can send you a link.

 

Mrs*Pink

I agree with Emily -- Ohio is at-will, so they can terminate the employee right now if they want.  I'm not sure how that lines up with whether or not you have to pay unemployment or not, though.  Perhaps paying out through the termination date he gave is a "good-will" gesture, but I don't think it's necessary.

Darrenswifey

Ohio (like most states) is at-will:  employees can quit or be let go without notice.  You don't have to pay them for time they didn't work (but depending on your vacation pay-out policy, you may owe them something).

They could potentially file an unemployment claim for the time if you let them go without letting them work through their notice, but cross that bridge when you get to it.

stacyinluv

I'm agreeing with Julie about the goodwill gesture, I just don't think that my boss will agree to it.  The employee knows that Ohio is at will and he understands how that works, I'm just trying to do the right thing because he is budgeted his pay and hours, etc. through to his last day.

stacyinluv

This goes back to the previous post of me looking like a wheel of asscheese because my employer doesn't want to do the right thing.

Jody81

No, the company is NOT required to pay. I know certain positions work with sensitive materials and the employer has every right to cut contact as soon as the employee puts in a notice, and can then let them go immediately. This has happened a lot at my past employers. And this is something I always have in the back of my mind when I put in my two weeks notice, I always have all of my personal belongings taken home and personal files off my work computer BEFORE I put in my two weeks because I know this happens a lot.

buckeye*

They have done this where I work in the past.  you do NOT have to pay them thru their termination date.  (however you may end up having to pay unemployement if they file for it, yada yada)

stacyinluv

Thanks for all the advice and input ladies.  I always appreciate it.