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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18846
Experience:  Employment/Labor Law Litigation
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My son is employeed Army Corps of Engineers. He has found a

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My son is employeed for the Army Corps of Engineers. He has found a new job and verbally informed his boss of his voluntary resignation with a two-week notice. His boss stated that he did not have to finish out his two weeks. He had questions about the validity of his statement and called the HR office to verify his statement. He hasn't received a call back from HR and needs to know if this is indeed truthful and will not affect any future employment when prospective employers are verifying previous employment. Could the Army Corps of Engineers give negative feedback by stating that he didn't give a two-week notice and that he didn't finish out two-weeks?
Joanne McGarrh
Submitted: 10 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 10 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Two weeks notice is not a mandated legal requirement under any law, unless an employer has a specific contract with an employee requiring it. It is, instead, a courtesy created between employers and employees. Law says very little about it, but we have to deal with its implications from time to time.

For example, when you give notice you are actually legally resigning at that very moment and then you are offering the employer the right to two weeks additional work, if they want it. Many employers do, but some employers don't. The employee isn't entitled to work through their notice, and they aren't entitled to pay for those two weeks if they don't work. The employer's decision to not accept the two weeks of work doesn't convert the resignation to a termination.

Now, for purposes of future employment, if he offered a two weeks notice and the employer didn't want that time frame, that employer can't later say "he failed to give notice." I mean, they can, but they can't do it legally. If they did, they would be subject to a defamation of character lawsuit from your son for any lost jobs that their false statement caused. He should certainly get something in writing, if he can, indicating that they were offered two weeks notice but didn't accept it. Then he'd be completely fine. Even without it, he can simply write out his resignation, state that he intended it to be on a certain date, but his boss did not want or need the notice period worked, and so his new final date is (whatever that date is). Then he can sign it, date it and turn it into HR.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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