In California, can we accept a resignation early without paying the employee for the full notice they provided?

ANSWER:

Yes, but there could be some unemployment issues that arise which I suspect is your real question. Consider the following guideance from EDD.

When the employer separates a claimant prior to the effective date of a previously announced voluntary leaving, the separation becomes a discharge if the claimant suffers a wage loss.  This alone means you should pay out the full notice provided not just the two weeks. Read on…

https://edd.ca.gov/en/UIBDG/Voluntary_Quit_VQ_135

In P-B-39, the claimant gave notice on October 24 that she was quitting effective November 15. The employer permitted her to work only until October 31. The Board held that the claimant was discharged and said:

. . . the claimant was not permitted to work to the effective date of her resignation and the employer did not pay the claimant her wages through that date. The claimant did suffer a wage loss by the action of the employer in accelerating the last day of work.

On the other hand, if the employer continues paying the claimant’s wages through the announced leaving date, the separation remains a voluntary quit. For example, in P-B-27 the claimant notified the employer on December 21 that she was quitting at month’s end. The employer separated the claimant on December 26 but paid her wages through the end of the month. In holding that the claimant voluntarily quit, the Board said:

Although the claimant stopped working prior to the effective date of her resignation, the employer continued her wages through that date. The claimant was paid wages for not working and suffered no loss by the action of the employer in accelerating the last day to work . . . .

Be Audit-Secure!