Cutting two-week notice short could affect employee’s final pay

Q         An employee resigned with a two-week notice, but we chose to make it effective immediately. Is it still considered voluntary?

Yes and no. How is that?

Seriously, yes, the separation should still be considered voluntary with regard to company policy and state and federal law (e.g., notice, leave cash out, unemployment benefits, COBRA, etc.).

Under state and federal wage laws, however, quickening the employee’s departure could affect the amount of final wages and the timing of the employee’s final pay.

In short, accepting the employee’s notice and then showing them the door could require you to pay them much sooner than the next regular payroll.

James P. Reidy is a shareholder at Sheehan Phinney Bass & Green PA in Manchester, New Hampshire, where he is the chair of the firm’s labor and employment practice group. You can reach him at jreidy@sheehan.com.