A two-week notice is often required upon resignation to allow the company to find a replacement and for the employee to find new employment. Although it is generally not mandatory for employers to pay an employee for the two-week period, there are situations that can legally require an employer to pay. An awareness of these situations can help both employers and employees know what to expect when preparing to part ways.

Policies and Legality

Although it is generally unnecessary to pay the departing employee during the two-week period, there are two situations in which an employer is obligated to pay. Check your company's employee manual to see what is stated about this topic. If the employee manual dictates that your company's policy is to pay the employee during the working two-week period, the company must follow through and pay for any work performed during this time. If your employee manual dictates that it is not company policy to pay the departing employee, the employer can cancel future work, and thus payments. If your policy is silent on the matter, the company is always legally obliged to pay for any time worked by the employee during the two-week period; however, time not spent working can legally be left unpaid.