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Employers usually say to give 2 weeks notice so that they can find somebody new but my friend was told to leave. Is this legal?

2006-08-14 06:03:46 · 25 answers · asked by smileysweetits 2 in Local Businesses United States Phoenix

25 answers

Yes, it is legal. The two week notice is there to protect the employer and usually ends up back firing in the employee's face.

My former boss made a HUGE deal about me giving a 2 week notice. When I did, he let me go half a week early. It is legal, annoying, but legal.

Your friend shouldn't worry though, it is pretty common for an employer to do this. They have a lot of different reasons for doing it, but the important thing is that your friend did the right thing and now she will always be able to use them as a reference.

2006-08-14 06:09:54 · answer #1 · answered by Kung Fu Girl 3 · 0 0

YES, the employer was within his legal rights to do that.

Once an employee gives two weeks notice (industry standard) that he intends to quit his job (thereby, tendering his resignation), the employer is then required to fulfill that request either by 1) allowing the employee to finish out those two weeks or, 2) by paying the salary for the two weeks and then excusing the employee from physically being on the job.
So, YES, an employer has the right to tell an employee to leave and not come back as long as the employee is compensated for the eighty hours according to his salary schedule along with any accrued vacation, commissions, or other monetary compensations due him at that time.

2006-08-14 13:09:13 · answer #2 · answered by GeneL 7 · 0 0

Yes - there is no legal requirement for the two week notice - it is done as a traditional curtesy - it is not a requirement. The employer has the choice to accept your resignation immediately unless there is some special contract that you have that defines such things. Are you working for a Union Shop? I would discuss the matter with you Union rep. if that was the case. Why is it you are looking to leave immediately? This sounds rather strange. I would not if you do that expect your employer to give a very good recommendation.

2006-08-14 13:13:53 · answer #3 · answered by Anonymous · 0 0

Open your browser and go to
http://jobsearchtech.about.com/cs/resignationletter/a/twoweeksnotice.htm
This article is the offical information regarding the '2 weeks notice' thing. And reading through this, you will find other links to other important information related to the giving notice.
To answer your question, unless you are 'under contract' that expressly states you must give 2 weeks notice, you may simply walk out the door of the company. But, if you are under a contract that sets forth the notice requirement, and you walk out the door, the additional pay will be forfeited along with the possibility, the company could take legal action against you.

2006-08-14 13:17:12 · answer #4 · answered by FES 3 · 0 0

Yes - they can tell you to go that very instant (and have a security guard escort you out the door). That is the law.

The idea is that you are now a bad influence on the other employees who could just waste time sitting around listening to you bad mouthing the company. You might also suggest that they leave and join the new company. You could also be a security risk if you are vindictive and still have access to the computer system.

2006-08-14 13:11:30 · answer #5 · answered by Rich Z 7 · 0 0

Yes. It is coordial to give a 2 weeks notice, but a resignation is the wishes of an employee to end their employement. I think the employer is a jerk, but is within the limits of the law.

2006-08-14 13:10:52 · answer #6 · answered by Alex B 3 · 0 0

It depends on your state employment laws. I am in Alabama and it is a right to work state. Contact you State Department of Labor and they will give you an answer or can direct you to who you need to speak too. It is quite possible your friend will recieve a sum of money if the law was broke.

2006-08-14 13:08:52 · answer #7 · answered by raiderking69 5 · 0 0

The two weeks notice applies both ways. If the company requires you to give notice then the notice has to be worked unless you are having to leave through gross misconduct!
If you are leaving of your own accord, then, yes, they are breaking the law.

2006-08-14 13:10:42 · answer #8 · answered by sarah k 4 · 0 0

Probably not. And the company is not worth the 2 week notice, unless its a prestigious and well reputable company that is normally fair or beyond to its employees. 2 weeks is giving them too much notice.

2006-08-14 13:09:33 · answer #9 · answered by SunDancer 6 · 1 0

Yes. Since you are quiting. They have the right to terminate you after you give your two weeks notice sometimes for security purpose. But generally they allow you to finish the two weeks.

2006-08-14 13:07:54 · answer #10 · answered by Jeff L 4 · 0 0

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