In an attempt to forecast hiring needs, many employers want to assure that a new employee will not resign and leave the office with a vacant role. Their ideal scenario is that they will transition perfectly through the exit of a previous employee with the replacement of one just as good or better and that all of the knowledge from the previous employee will telepathically transfer to the new team member. As ideal as that sounds, that seldom happens. Except for the telepathy part; that never occurs. Starting a new employee relationship or ending one with a demand for an extended notice period is one-sided request. To try to slow turnover rates, practice owners begin the relationship with rules and resignation obligations, while losing sight that the applicant or employee has a choice as to whether they continue on their journey with you and your practice.
The short answer is “no” you can’t legally obligate an employee or hold them hostage until you fill the vacant position.
Frankly, I find that when an employee decides to leave your organization it’s best to quickly transition the role and let them go or allow them to work with you until their tenure comes to an end, depending on the circumstances.
Besides, what does “requiring” an extended notice due to your employee retention and morale?
So, what is the solution?
The solution is that you can “request” they give notice; 2 weeks is the standard and this time is treated as a transition period. It's not guaranteed whatsoever.
I often hear of employers reducing the pay of the employee to minimum wage or similar, which often backfires to compliance and employee relations concerns. Specifically, this creates an environment where the practice receives no notice of the employee’s impending departure and receives no transitional period for knowledge transfers to occur.
If an employee resigns and chooses to quit immediately, there is nothing that you can do about the situation except to reflect on your own actions and processes for continued refinement. Always perform an exit interview for this very reason.
Dana Pardue Salisbury, MBA, SHRM-CP has been in the dental industry for over 20 years and is the Chief Operations Officer, Leadership and Human Resources Consultant at Classic Practice Resources, Inc. She specializes in team development, change management, human resources, and the implementation of strategic business processes. Dana’s professional goal is to improve workplaces everywhere.