If an employee gives their two weeks notice and then retracts it, do I need to accept it?

I have an employee who gave his two weeks notice by email. My boss spoke with him and asked him to take a day to think about it. If he comes back and says he wants to stay, do we need to accept the retraction or can we tell him he needs to honor his two week notice? If we do not need to accept it, does it still count as resignation or does it count as termination?

1 answer  |  asked Dec 13, 2017 06:16 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
At will employees are at will. They serve at the pleasure of the employer. When they give 2 weeks notice and you pay them for the 2 weeks unless they had "Good cause" to quit ( could include treating them or paying them illegally such as salary when they should be paid hourly) they usually are not entitled to unemployment.

On the flip side, if they now realize the job market is tough, and they want to keep working, and you decline, then their loss of work will most likely not be their fault and the state DOL will probably almost certainly award them unemployment benefits.

If they are a good worker keep them. If any employee gives 2 weeks notice and you want them gone ASAP make sure to pay them the full 2 weeks and document the circumstances and facts.

posted by V Jonas Urba  |  Dec 13, 2017 08:16 AM [EST]

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