Say I work in outside sales for one company, but I am thinking of possibly leaving for a career advancement opportunity in sales management with a direct competitor. If I give two weeks notice, and they ask me to leave right away instead of fulfilling the two weeks notice that I gave them, then are they legally required to pay me for those two weeks? I welcome all responses by any lawyers reading this. Thanks!
2007-05-21 14:44:02 · 6 answers · asked by HERMOSACHIC99 3 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
generally your employer can terminate you at any time for no particular reason, and I don't see that you have the RIGHT to that last 2 weeks pay. it doesn't hurt to ask, though, and point out that you want to leave on good terms....they are probably afraid you are going to be harvesting client info from their files, so be sure to do all that stuff before you give notice (-;
2007-05-21 14:52:51 · answer #1 · answered by njyogibear 7 · 0⤊ 0⤋
I'm not an attorney though I know employment law pretty well. If they walk you out right after you quit then you will be paid for every hour you worked/were physically in the office and no more.
You did not work those extra two weeks so you are not due any pay. It does not matter if you gave two weeks notice or not. Some companies just prefer to walk people right out instead of risk any exposure/asset loss etc.
If you're worried about the money, call in sick for two weeks then quit. They'll surely walk you out then.
Good luck!
2007-05-21 14:55:20 · answer #2 · answered by JobSearchWiz 3 · 0⤊ 0⤋
Unless you have a contract that states otherwise, an employer may decide to terminate you once you give them notice that you intend to quit. Reasons are numerous--bad for morale, unproductive, competition etc...
Are you required by contract to give two weeks notice? Unless you are worried about harming your reputation in the industry, don't give two weeks notice. Tell them you quit on your last day.
If you give notice and your employer decides not to pay you, one upside is that your termination could be deemed a discharge, rather than a quit for unemployment purposes. Therefore, if they do not pay you, you should try to collect unemployment.
Finally, ask you new employer if you can start earlier with them in the event that your current employer decides to terminate you effective immediately.
2007-05-23 01:32:00 · answer #3 · answered by christmasx2 2 · 1⤊ 0⤋
Unfortunately no although it would be a smart thing to do. But you are eligible to file for unemployment benefits since that is construed as a form of wrongful termination. The way the unemployment investigator views it is you would still be employed during those two weeks if the employer didn't let you go. They can contest this when you file, but I can assure you they will lose.
2007-05-21 14:56:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
They are not entitled to pay you for one second after they fired you but now you can collect that extra 2 weeks if you file for unemployment right now for termination of employment. If you would have stood there for the 2 weeks then you would have a rights to collect unemployment, but by them asking you to leave immediately they have fired you but given you the key to collect those 2 weeks. make sure you get termination report from them.
2007-05-21 15:07:48 · answer #5 · answered by Henry Sosa 3 · 0⤊ 0⤋
I don't believe they are required to pay you. You are not REQUIRED to give the two week notice. It is a professional curtosy, but the right thing to do. They are being unprofessional and flat out rude by dropping you off the schedule for your final two weeks, however, I don't believe they are doing anything wrong, legallly.
2007-05-21 14:54:49 · answer #6 · answered by BaldnStudly 2 · 0⤊ 0⤋