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Hancey Law Offices

Hancey Law Offices

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When an Employee Gives Notice to Quit

Given the economy, employment issues have become more and more prominent.


On January 15, 2009, the Utah Court of Appeals reaffirmed a particular rule in the Utah Administrative Code that is quite counterintuitive. The Rule states that if an employee notifies the employer of intent to leave work on a definite date, and the employer ends the employment relationship prior to that date, separation is considered a discharge and the employee is entitled to unemployment benefits, unless the employee is paid through the resignation date (See Utah Administrative Code R994-405-204).


While intermediate factors may justify a termination (i.e.: theft, poor performance, etc.), the general principle is that you must pay the employee through the date of their agreed notice to quit if you want to avoid an unemployment claim.


If you would like to discuss this or other employment issues, please don’t hesitate to contact my office.

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