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Skipping notice period? Don't let door hit you on the way out

March 2021 employment law letter
Authors: 
Jo Ellen Whitney, Davis Brown Law Firm

Every HR manager has had the moment where you're trying to decide whether to waive a notice period for a terminating employee. You also may have had a trickle of doubt about the repercussions waiving the notice period could create. Read on to learn more.

3 scenarios

Here are three circumstances we frequently see.

Difficult employees. Essentially, you've been hoping to terminate these employees for ages because they're poor performers and a general pain. You are ready for them to be out the door. Although you might be doing a happy dance in your head, avoid giving them any reason to think waiving the notice period is some type of retaliatory action.

Great employees. You're sad to see them go. During the notice period, however, they pull a Jekyll and Hyde. Now you need to move them out before the notice period is done.

Never-ending notice periods. "I'll be quitting when"¦," the employee says, then naming some future event such as when "I sell my house, find a new job, or potentially locate the lost city of El Dorado." The problem here is you need a certain date so you can do appropriate planning and hire to fill the position.

It's fairly common to see the never-ending notice period when someone is thinking about retirement, but you must be careful to avoid giving the impression you're treating the employee differently because of his age. Retiring employees should be treated the same as any of the other never-ending-notice-period situations.

Employer discretion

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