Advance Notice of Resignation - Do's and Don'ts

notice of resignation

Joe Blow quit his job this morning. His employer did not see it coming and though Joe knew he was going to leave sooner or later, he just did not get around to providing notice of resignation.

Employers, here are a few do's to minimize the frequency of this occurrence:

  1. enter into an employment contract or provide an employee handbook requiring the employee to provide a certain amount of advance notice of resignation, on the penalty of a breach of contract lawsuit
  2. incentivize the employee by providing a bonus pay at resignation if adequate notice of resignation is provided
  3. if the employee is otherwise deserving, the employer can contract to provide an excellent written employment recommendation for the departing employee if adequate notice of resignation is provided
  4. include a stipulation in the employment contract or employee handbook making employees who leave without the required notice ineligible for re-hire by the employer 

Also for employers, here are a few do nots, regardless how frustrating it is to have employees constantly leave you understaffed:

  1. withholding pay for hours already worked as penalty for lack of notice of resignation contravenes the FLSA
  2. contracting out of or convincing the employee to waive FLSA rights will not be enforceable before the Wage and Hour Division of the Department of Labor

While advance notice of resignation of employment is not required by law in the state of Georgia, it appears employers through their conduct and workplace policies have the power to ensure that in more cases than not, it is provided.