two week notice

[infocus]

What is the name of your state (only U.S. law)? CA

I have an employee who gave a two week notice. Can I fire him at any time just because the notice had been given? Will the employee have a different tax situation if he is fired during the two week notice period vs. quitting on his own?

Two week notice is not a legal enforceable time limit, as I understand it's just a courtesy, so I'm unclear how that plays into it.

 

[Beth3]

Can I fire him at any time just because the notice had been given? Of course, although the way to word it is that you are "accepting his resignation immediately" unless something different has occurred, such as he has engaged in misconduct and you are firing him for that.

Will the employee have a different tax situation if he is fired during the two week notice period vs. quitting on his own? Huh? What does the employee's tax situation have anything to do with his leaving immediately or two weeks down the road (and why would you care?) I'm thoroughly confused by your question.

Yes, an employee giving notice of their resignation is merely a courtsey. Absent a bonafide employment contract to the contrary, you are free to show any employee the door any time you want.

 

[Zigner]

I suspect our OP is trying to avoid unemployment benefits being attributed to his company. In California, you might be on shaky ground. The OP is presently willing to work. If you "accept his resignation early", your company may, in fact, be on the hook for the UI benefits.

 

[infocus]

Actually I have no idea how unemployment benefits work and I am not looking to avoid them. The employee gave a two week notice and he is moving. I fully respect that and according to me he can gladly continue to work until he moves. However, there have been some signs from him that indicate a potential hostility, and I am concerned that he may do some company damage, take data, etc.

I have an email from him that he is threatening us with legal action for commission he believes he is owed during his employment. However, the invoice was presented shortly before his two week notice and it is going to take some time to work out a payment plan, plus the invoice has to be audited, etc. He wants a signed document stating payment terms at a time when we are unable to make a commitment without consulting with an accountant. Is this grounds for termination? I am trying not to escalate the issue because I value and respect this employee, but he has put me in a painfully difficult situation.

 

[LdiJ]

Actually I have no idea how unemployment benefits work and I am not looking to avoid them. The employee gave a two week notice and he is moving. I fully respect that and according to me he can gladly continue to work until he moves. However, there have been some signs from him that indicate a potential hostility, and I am concerned that he may do some company damage, take data, etc.

I have an email from him that he is threatening us with legal action for commission he believes he is owed during his employment. However, the invoice was presented shortly before his two week notice and it is going to take some time to work out a payment plan, plus the invoice has to be audited, etc. He wants a signed document stating payment terms at a time when we are unable to make a commitment without consulting with an accountant. Is this grounds for termination? I am trying not to escalate the issue because I value and respect this employee, but he has put me in a painfully difficult situation.

Well, of course the employee wants to be paid the commissions for the sales that he made. I would be more surprised if he did not ask you to confirm that. To be honest, you sound like you are coming up with somewhat wishy washy excuses as to why you won't commit to paying him the commission. I am not sure why an invoice would have to be audited or why a payment plan would have to be worked out when you have already invoiced the customer. I also am not sure why you would need to consult an accountant to make a committment on paying him the commissions for his sales.

How much money are we talking about? Hundreds, thousands, tens of thousands?

 

[Zigner]

I assume that you're planning on paying the commission just as you would any other commission, right? Seems to me that the appropriate response would be "We'll be getting your commission payment out to you as per the normal schedule."

 

[startedone]

The OP can also expect others who wish to leave the company giving him 5 minutes notice after firing someone who gave proper notice.

Ya reap what ya sow ... want him gone? Pay him for the 2 weeks.

 

[infocus]

It is a large amount that we are not able to afford at this time and the invoice was only presented at the last minute. So it created a real problem and a burden on our end. But we are trying to work out a fair remedy.

thanks for the replies!

 

[eerelations]

Invoice? Is this "employee" actually an independent contractor?

 

[Beth3]

He wants a signed document stating payment terms at a time when we are unable to make a commitment without consulting with an accountant. Just because he wants it doesn't mean you have to provide it. Tell the employee that you will consult with an accountant to determine what, if anything, is owed him and you will fill him in after the information is received and reviewed - and that that's the end of the discussion at the present time.

Is this grounds for termination? As I said above, you can show him the door any time you like, although his having informed the company that he is owed money is kind of a crappy reason to terminate someone. On the other hand, if you have legitimate reason to believe that he is going to do the company damage, steal or destroy data, etc., then you should accept his resignation immediately.

 

[swalsh411]

It is entirely unclear to me if this person the OP is talking about is an employee or an IC.

 

[Zigner]

It is entirely unclear to me if this person the OP is talking about is an employee or an IC.

Don't let the semantics throw you...

We're talking about a commissioned employee. The employee made a sale and either presented the invoice from that sale (invoice between the company and the customer) -or- presented a request for commission based on the sale (internally called an "invoice".)

 

[Beth3]

It is entirely unclear to me if this person the OP is talking about is an employee or an IC.

For the purposes of the OP's questions, it doesn't really matter although I believe it's an employee, not an IC.