We have an employee who contractually needs to provide 4 weeks notice upon resigning – she wishes to leave within 2 weeks and we are approving that request. If we mutually agree on 2 weeks notice instead of 4, we can just pay her for those 2 weeks worked and no longer need to pay her after that, correct?
Yes, assuming 2 weeks is at least the minimum termination notice required by the ESA. In other words, you can’t contractually agree to provide less than minimum ESA notice even if employee accepts less than that to which the ESA entitles her.
