I hope this fits on topic - I don't think it's workplace specific or too legal...
I am planning to resign from my current position at the end of the year. My employer has a decent 401(k) match (9% of salary) but it is only given to me at the end of the year with the requirement that I am employed on the last day of the year. It so happens that the first day of my new position will be Monday, Jan 1, 2018.
I am trying to figure out how to properly word my resignation letter to keep myself compliant with company policy without needing to push back my start date. I was planning on stating that my resignation will take effect as of 12:01am on 1/1/18 but since I work 8-5 M-F I'm concerned that HR will record my final working day as Friday 12/29. I am contractually required to provide two weeks notice, but they have the option of ending my contract early and paying out my remaining salary, which I expect would set my final employment date as the day they take that option.
I asked my 401(k) plan administrator (a 3rd party company) how they verify employment and was told that my employer submits the information to them. It doesn't seem reasonable to ask my employer about this since it's in their best interest to get to keep the money and setting my final date to Monday 1/1 doesn't really do much for them.
Is there a decent way to exercise control of my final date of employment without simply pushing back my start date and ensuring that I work as an employee of my current firm on 1/1?