Situation:  An employee resigns due to personal reasons and provides you with 2 weeks’ notice. The employee works in a position with access to sensitive data and you wish to accept their resignation and have them leave immediately.

Scenario 1:  You tell the employee that you are accepting their resignation effective immediately and that today is their last day.  You do not pay them through their 2 weeks’ notice.

Result 1: You have constructively discharged the employee without good cause by terminating them effective immediately resulting in the employee becoming eligible for unemployment benefits.

Scenario 2: You tell the employee that you are accepting their resignation effective immediately and that they do not need to work out their notice, however, you will pay them through the end of their notice.

Result 2: By paying the employee through the end of their notice, you have maintained the employee-employer relationship and their resignation will be considered a voluntary quit without good cause and they will be ineligible to receive unemployment benefits.


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