Results 1 to 9 of 9
  1. #1
    Join Date
    Aug 2007
    Posts
    11

    Default Resigned With Notice, Then Asked To Leave Immediately

    Our policies and procedures require a two week notice upon resignation. If an employee in good standing resigns, giving the two week written notice and the employer then asks them to leave immediately, must the employer pay the two weeks wages?

    My company requires two weeks, but many who follow the policy are then escorted out on the spot, their wages ceasing at that time. It seems as though this practice discourages employees from giving notice.

    I have been offered a position at another company and have never left a job without giving notice, but it would create a hardship for me to go two weeks without any wages. How can I do the right thing with my current employer, but protect myself?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Resigned with notice, asked to leave immediately

    you do not have the rights to any pay for time which you have not worked unless you have a contract that alows for such.

    Your situation is very typical.

    The question is, what is the penalty for not giving notice? They fire you??

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,495

    Default Re: Resigned with notice, asked to leave immediately

    Check with the new employer to see if you can start earlier.

    Additionally, while I cannot guarantee it, in many states if you give notice and your employer asks you to leave immediately (and you are not able to start your new job sooner) you may be eligible for unemployment for part or all of the notice period.

  4. #4
    Join Date
    Aug 2007
    Posts
    11

    Default Re: Resigned with notice, asked to leave immediately

    I guess deep down I knew the answer.... No, I don't have to give notice, but in the end, I guess I need to do the right thing, even if it turns out that they don't. I won't be looking at them in the mirror the next day- I'll be looking at me.

    Will just have to rely upon the laws of karma!

    I'll contact my new employer if that happens.

    Thanks to both of you for your quick response.

    Quote Quoting jk
    View Post
    you do not have the rights to any pay for time which you have not worked unless you have a contract that alows for such.

    Your situation is very typical.

    The question is, what is the penalty for not giving notice? They fire you??

  5. #5
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Resigned With Notice, Then Asked To Leave Immediately

    Good luck but don't rely on the laws of karma...I heard their parliament dissolved several centuries ago....

  6. #6

    Default Re: Resigned With Notice, Then Asked To Leave Immediately

    Quote Quoting flagal
    View Post
    My company requires two weeks, but many who follow the policy are then escorted out on the spot, their wages ceasing at that time. It seems as though this practice discourages employees from giving notice.
    Are you sure their wages cease at that time?

    Some companies practice the escorting out bit because they don't want the employee working there while he/she is committed to a new employer, mainly for proprietary information or potential conflict of interest reasons, but they still pay the employee for the two weeks.

  7. #7
    panther10758 Guest

    Default Re: Resigned With Notice, Then Asked To Leave Immediately

    Your best option is ask new employer about starting early if your current employer does indeed let you go. I once accepted a position with another (rival) company and when I accepted position I told them I was giving two weeks notice but asked if they let me go before that could I start early. Their answer was yes.

  8. #8
    Join Date
    Aug 2007
    Posts
    11

    Default Re: Resigned With Notice, Then Asked To Leave Immediately

    This company docks the wages of salaried employees if they don't work a full 40 hour week. It hasn't been an issue for me, because I work more than that, but it makes me think that they don't know the law very well.

    I wouldn't make a stink about it if they didn't pay me, because it is a small town and in my experience- well, not my personal experience- but I have seen others win the battle and lose the war so to speak. But in situations like this, it is always good to know the answers before asking the question.

    My bottom line would be that I want my COBRA benefits for 90 days. I will lose my leave, as I haven't been there six months, and, of course, sick leave isn't paid.

    If I lose two weeks pay, well, I hadn't thought about asking my new employer about starting earlier. I"m sure they would probably go for that. When I was offered the job, the HR person said that they were ready to hire me after my first interview....very good for my frail ego!

    My boss at the current place got fired right after I started and they just transfered bosszilla in last week. I've never not gotten along with co-workers, especially my boss and I have been feeling like a real loser that I couldn't make it work. The pres kept telling me to hold on, they didn't want to lose me, even gave me a heads up about the new boss's "issues" before she was transferred in, but this is the right move for everyone.

    High anxiety tonight- wish me luck for a professional and smooth meeting tomorrow.... I appreciate all the good input.

  9. #9
    Join Date
    Aug 2007
    Posts
    11

    Default The rest of the story

    Spoke to the pres. beforehand and let her know. She was upset, but we disucussed some of the projects that I had hanging out and I outlined my plan for the next two weeks, letting her know that I knew it was up to my supervisor, but just wanted to let her know my thoughts.

    Had a meeting scheduled with my supervisor, but the pres. let her know that I was leaving, so I was called in to her office immediately. It was very ugly on her part. I took a deep, cleansing breathe before entering her office and remained calm and professional. She told me that she was not going to honor my two weeks notice, was very nasty. I was told to shut down my computer, give her my keys and leave immediately. Told to come back in early tomorrow morning for a brief meeting. I drew up a key receipt, shut down my computer and returned to her office. She was mad that I asked her to sign the key receipt, but signed it.

    I can begin at my new job at any time. I hate that I did not have the opportunity to leave with everything in order, post-its with notes, etc. This is a first and it really bothers me. Just trying to remind myself that "circumstances do not make a man, they reveal him".

    1. Sponsored Links
       

Similar Threads

  1. Harassment: Asked for ADA Accommodations, Got Put on Paid Administrative Leave
    By Cat162 in forum Employment and Labor
    Replies: 4
    Last Post: 08-23-2011, 11:42 AM
  2. Security Deposits: Bad Tenant Asked to Leave - Can Landlord Keep the Deposit
    By sam lachs in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 01-31-2010, 08:55 AM
  3. Immediately Let Go After Giving Two Weeks Notice
    By queenbee* in forum Employment and Labor
    Replies: 3
    Last Post: 05-14-2009, 09:52 AM
  4. Eviction Process: Asked To Leave Due To Venting
    By ann462 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 01-01-2006, 10:10 PM
  5. Eviction Process: Landlord asked our roommate to leave
    By zc84lc83 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-13-2005, 09:57 PM
 
 
Sponsored Links

Legal Help, Information and Resources