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Friday, October 16, 2026

When Should an Employer Dismiss a Worker Who Has Given Notice? - SHRM

Employers typically want employees who have resigned to work their full notice periods, but companies may decide to immediately dismiss such workers in exceptional circumstances. Here is an overview of such situations.

"In most cases, employers will want resigning employees to provide reasonable notice of resignation and will want the employees to work the full notice period so that customers and work tasks can be smoothly transitioned," said Robin Shea, an attorney with Constangy, Brooks, Smith & Prophete in Winston-Salem, N.C. "In some cases, the departing employee may even be able to help train his or her replacement."

However, there are instances when immediate dismissal might be appropriate, according to David Barron, an attorney with Cozen O'Connor in Houston and Dallas:

  • The employee is leaving for a competitor and there is a concern the employee may share confidential information or trade secrets.
  • The employee is disgruntled, and allowing the worker to remain for two weeks would hurt other workers' morale.
  • The employee's role is sensitive, or there is a risk that an employee who is not focused and accountable could harm the business.

An example of the first category would be a salesperson. "Why would you allow the employee to continue to talk to customers and risk he or she would lay the groundwork to compete against you?" Barron asked.

Removing an employee's access to confidential information may be important. "You wouldn't want to allow an employee to...



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