Is there a process to follow when an employee gives notice but is let go at once?

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. Notwithstanding this right, if the employer requires prior notice, the employer is obligated to pay out the notice period.

Not a 'Voluntary Quit'

Often, employers prefer to let the employee go on the day they give notice in order to avoid any difficult situations. If this is the case, the "voluntary quit" technically becomes a "termination" and the employer must follow all rules in any termination situation. For example, the employee's final paycheck must be provided immediately.

Unemployment Benefits

It is frequently asked if this will entitle the employee to unemployment benefits. The answer is yes. When the employer asks the employee to leave early, technically that becomes a termination, which will entitle the employee to benefits.

Therefore, it is recommended that the employer either pay out the notice period or have the employee work through the resignation date. All employer's other obligations remain intact, such as paying any accrued vacation pay, and all the notices and forms required by law.