Termination after giving your notice

Published on October 19, 2004 By Amitty In Blogging

just a quiick question: Does anyone know if a employer can terminate legally, your employment after you have offically given notice to leave, in writing?

Comments

KarmaGirl

on Oct 19, 2004

If you are still working, yes. Until you walk out the door, you are still employed and they can terminate it.

For unemployment, it's better for you if they do

Gene Nash

on Oct 19, 2004

just a quiick question: Does anyone know if a employer can terminate legally, your employment after you have offically given notice to leave, in writing?

It would help to know more about the situation. Does this answer it?

From: Ask Auntie Nolo

Can My Employer Ask Me to Leave -- After I Quit?

QUESTION:
I recently resigned from my job and gave two weeks' notice. After two more days of work, my boss told me to go home and not come back. Am I legally entitled to be paid for a full two weeks?

ANSWER:
This is a common employer response when an employee resigns -- and it's becoming more common all the time. Employers who fear ruined coworker morale or who want to help shortcircuit watercooler gossip are more likely nowadays to ask employees to leave their posts even sooner than those employees had planned.

The law only requires that workers be paid for hours spent on the job and, sometimes, for accrued vacation time -- not for hours your planned to work but didn't. So you have a legal right to pay for two days, not two weeks. This doesn't mean that your employer won't agree to pay you for the time you were willing to work, however. There's certainly no harm in asking.

If that doesn't answer it, rut around the Employment Section at Nolo, and also click on Ask Auntie Nolo at the top of the screen.

shadesofgrey

on Oct 19, 2004

It varies by state, and while I'm not aware of any state that does require the employer to pay--there have been court court decisions and/or state labor commissioner interpretations that address this. The basic premise mostly involves companies with policies that strongly suggest/require a two week notice of termination. In such cases, the employee is following company policy like a good employee and therefore should be paid for the two week notice period whether or not the employer elects to have the employee work the two weeks. (It's almost like a contract--though even that is a bit of a stretch legally speaking).

Amitty

on Oct 19, 2004

thanks all

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