Legal Question in Employment Law in Georgia

I am accepting a job in a different company and want to give more than 2 weeks notice (about 3-4 weeks) in order to be eligible for a two year vesting level in my 401k. Can my current employer terminate me before the vesting anniversary in order to not pay the matching funds?


Asked on 4/14/12, 2:43 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

No - they would not need to terminate you because would have quit. Quitting is quitting on the spot, that second. Employees do not quit, and then dictate that they are going to stay and get paid for a longer period (absent a contract, binding company policies, etc.). A "notice" period is a mere offer to work longer, and is a courtesy of both parties. The employer may or may not agree.

Beyond that issue, employment in Georgia may generally be terminated at any time for any or no reason other than unlawful discrimination. For example, if they find out you accepted another job.

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Answered on 4/14/12, 4:31 am


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