If an employee gives a three week notice, are we obligated to pay him three weeks of pay, if we want him to leave sooner?

If Arizona is an “at-will” state, do we need to pay or honor the three week notice. We do not have a policy yet on how to handle this.

A: Assuming there is no written contract, you can terminate the employee immediately. There are a few exceptions to this rule, and there are some important things to remember about how to terminate someone so as to minimize the risk of a later legal dispute. So I would suggest that you counsel with an employment attorney before pulling the trigger.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

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Re-posted from AVVO Legal Questions & Answers.

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