Legal Question in Business Law in New Jersey

employee leaving voluntarily

I have an employee who just gave me a verbal 6 week notification of seperation of employment voluntarily. this employee lives in pennsylvania and works in new jersey. can i ask this employee to leave prior to the 6 weeks? by the way, i asked for a written letter, but have not recieved one yet. please advise.


Asked on 8/06/02, 3:51 pm

1 Answer from Attorneys

Re: employee leaving voluntarily

Assuming he is an "at will" employee, you can let him go whenever you wish. I would keep in mind that if there was any benefit to his giving you 6 week notice, that to get rid of him early will discourage others from giving you timely notice. Also, if you discharge him, except for failure to perform, which I don't think you can get away with here, he may be elligable to collect unemployment.

The question on my mind is why do you want to get rid of him early? Are you afraid he won't work as hard knowing he's leaving? Are you afraid what he may say to other employees? What??? Any potential problem you might have terminating this guy early will likely be tied to the answer of this question.

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Answered on 8/06/02, 5:44 pm


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