Legal Blog

Legal Q&A: January 16, 2014

 

QUESTION

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

ANSWER

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.

 

ABOUT OFFIT KURMAN

Offit Kurman is one of the fastest-growing, full-service law firms in the Mid-Atlantic region. With over 135 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our eleven offices serve individual and corporate clients in the Virginia, Washington, DC, Maryland, Delaware, Pennsylvania, New Jersey, and New York City. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.

You can connect with Offit Kurman via our Blog, Facebook, Twitter, Google+, YouTube, and LinkedIn pages. You can also sign up to receive Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.

MARYLAND | PENNSYLVANIA | VIRGINIA| NEW JERSEY | NEW YORK | DELAWARE | WASHINGTON, DC