Legal Question in Employment Law in Florida
Adopting an acceleration clause for resignations
I have a employee that has given her resignation and is creating conflict with co-workers. Can I use an acceleration clause wishing to pay employee only through the employee's last date of active employment? If so do you have a sample of an acceleration clause we may use?
Thank you in advance for any help you can give me.
Respectfully,
Chief Operations Officer
1 Answer from Attorneys
Re: Adopting an acceleration clause for resignations
Assuming you are not a public employer, unless you have a written contract with employee or a collective bargaining agreement, (in other words she is "at will") you do not need an acceleration clause. You may accept her resignation effective immediately.
Whether you pay to the end of her notice period is not required either, but it may be worth the expense to stop the disruption and avoid arguments with the employee.
The foregoing is not intended to constitute legal advice or create an attorney client relationship.
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