Legal Blog

Legal Q&A: January 16, 2014



Do I owe “resignation” pay if my employee gave notice and I no longer want him to work?


Unless there is an employment contract or a collective bargaining agreement in place that governs terms and conditions of employment, Maryland employees are at-will, meaning they can resign or be terminated at any point. That also means that workers are to be paid through and including their last day of work. Typically companies request, as a courtesy, that employees provide at least 2 weeks’ notice before their last day of work. That doesn’t mean the employer is legally obligated to pay the employee for those final weeks when the employee is performing no work. In fact, the employer retains the right to accept the employee’s resignation and sever the relationship immediately, owing no further wages. I suggest that companies review their handbooks/policies and procedures manuals to ensure the language does not guarantee additional departing wages.



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