An employee resigned: what to do next
InterObservers editorial team Reviewed Sep 27, 2026 Rules cited to official state sources How we verify
Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use
The short answer
When an employee resigns, ask for the resignation in writing if you only heard it verbally, reply in writing to confirm the last day, decide whether they work the notice period, check your state's final-pay and PTO payout rules, plan the handover, collect property and close access on the last day, and pay the final paycheck on time.
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What to do in the first hour after someone resigns, how to reply in writing, how to handle notice and counteroffers, and your state's final-pay rule with its official source.
Steps
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What to say
The first conversation after a resignation sets the tone for the notice period. Thank them, confirm the facts, and leave decisions you have not made yet for later.
What to leave out
- Asking them to reconsider when you have no real offer to make
- Criticising the new employer or the decision
- Promising a reference or rehire you have not decided on
- Telling the team before you and the employee have agreed what to say
- Anything about age, pregnancy, disability, religion or other protected characteristics as a reason for the departure
5 common mistakes
- No written record of the resignation. A verbal resignation with no email or letter can later be described as a termination. Ask for it in writing and reply in writing.
- Ending the job early without checking the rules. If you tell the employee to leave before the date they gave, the final-pay deadline may change. The U.S. Department of Labor's last paycheck page notes that federal law does not require immediate final payment but some states may. Check your state before you decide.
- Forgetting unused vacation or PTO. Whether accrued vacation is paid out at the end depends on the state and on your written policy. Pick your state on this page to see what we have verified, with the source.
- A counteroffer made on the spot. Offers made in the moment are hard to honour and hard to take back. Decide the offer and its limits before the conversation, or do not make one.
- Access left open after the last day. Accounts, shared passwords and door codes that stay active after someone leaves are a risk for everyone. Put them on the offboarding checklist.
Rules that matter in your state
Final paycheck after a resignationChoose your stateRules with official sources
Choose your state above to see the rule we have verified, or check it with your state labor office.
Payout of unused vacation or PTOChoose your stateRules with official sources
Choose your state above to see the rule we have verified, or check it with your state labor office.
- Final paycheck after a resignation. When wages are due after an employee quits, which can differ from the rule after a termination.
- Payout of unused vacation or PTO. Whether accrued vacation has to be paid out when the employee leaves.
Every state's rule, side by side, is in the state rulebooks.
Questions people ask
How do you respond to a resignation letter?
Reply in writing within a day or two. Thank the employee, confirm the last day, say when the final paycheck will be paid, explain what happens to benefits, list the company property to return and name a contact for questions. The resignation acceptance letter on this page has all of that ready to fill in.
Do you have to accept a resignation?
A resignation is the employee's decision, so the letter you send is less an approval than a written confirmation of the last day and the next steps. What you can decide is whether they work the notice period, and whether to make a counteroffer.
Can you make the employee leave before the end of their notice?
Many employers do, often paying the notice period. Check your state's final-pay rule first: some states time the final paycheck from the actual last day, and some treat an early end differently. The Department of Labor says federal law does not require immediate final payment and that some states may.
When is the final paycheck due after an employee quits?
It depends on the state, and some states set a different deadline for a resignation than for a termination. Pick your state on this page to see the rule we have verified, with its official source.
What is the effective date of a resignation?
It is the last day of employment stated in the resignation, or the date you and the employee agree on. Put it in your written reply so there is one date on record.
What should an employee resignation acceptance email say?
Keep it short: thanks, the confirmed last day, the final pay date, who to contact about benefits, and a line about returning property. The email version on the resignation acceptance letter page is ready to copy.
General information, not legal advice. Not a substitute for the advice of an attorney. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Report an error