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An employee gives two weeks notice to resign from his job. For example, on Monday, September 7th, the employee gives notice that he or she wishes to resign with the last day of work on Friday, September 18th.

Question: On which day does the employee legally resign? On September 7th (the notice handed to his employer), on September 18th (last day of work) or September 19th (not working for the company anymore), and on which day is he resigned? For example if a bonus is to be paid on September 14th but not to employees who have resigned?

gnasher729
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  • What country, and for what purpose is he trying to figure out when he legally resigned? – cpast Sep 06 '15 at 20:44
  • The purpose: A contract term that every employee will get a bonus on some day during the year unless they have resigned, coming up on workplace.stackexchange but it is really a law question. With mixed opinions where some think you resigned the day you hand in your notice, and others think you resign at the end of your notice period. If the bonus is paid right in the middle it makes a huge financial difference. – gnasher729 Sep 06 '15 at 21:25
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    The letter on 9/7 stating the intention to resign is the notice that is given. The resignation date is the stated date, 9/18. Now, be clear on the contract. If it's employment at will, the company can elect to terminate at will before 9/14, and the employee's status is terminated or not active and unlikely to be paid. – user662852 Sep 06 '15 at 22:43
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    This question should state the jurisdiction. Employment law varies greatly from country to country. – Andrew Leach Sep 07 '15 at 12:19

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