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Old 02-05-2009, 11:46 AM
 
218 posts, read 687,209 times
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In the process of changing jobs and 2 weeks notice given. However, the company is only given me today and tomorrow and then after that I am no longer employed by them. Does anyone know if they have to pay you the 2 weeks pay if you gave notice? It seems that I was actually terminated because I gave 2 weeks notice (if that makes sense). Knew this was going to be the case, but didn't know if I would be entitled to the pay since I was willing to work up until the date I gave as my last day. Didn't know if there is NC law versus National law. Thanks

 
Old 02-05-2009, 11:48 AM
 
183 posts, read 435,114 times
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Unless something has changed in the last few years in NC, no, they only have to pay your for the time you've worked and for any time off you accumulated.
 
Old 02-05-2009, 11:49 AM
 
Location: Durham, NC
1,092 posts, read 1,561,263 times
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One of my friends says yes, you have to be paid for the 2 weeks because the company breached the contract (you working for the next two weeks), not you. If you'd left before the two weeks were up, they wouldn't have to pay you. I'm not sure how you'd be able to find out if this accurate. Maybe the NC Dept of Labor website?

Sena
 
Old 02-05-2009, 11:53 AM
 
836 posts, read 2,312,646 times
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Did you sign anything when you were hired? If so, it should say.
 
Old 02-05-2009, 11:56 AM
 
138 posts, read 357,786 times
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Quote:
Originally Posted by senalj View Post
One of my friends says yes, you have to be paid for the 2 weeks because the company breached the contract (you working for the next two weeks), not you. If you'd left before the two weeks were up, they wouldn't have to pay you. I'm not sure how you'd be able to find out if this accurate. Maybe the NC Dept of Labor website?

Sena
If you actually have an employment contract that should rule. But, if you give notice that you are leaving what contract did the company breach when it said if you are done, you are done now, not in two weeks?
 
Old 02-05-2009, 11:57 AM
 
Location: Cary
449 posts, read 1,058,500 times
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They are actually being very nice to let you work today and tomorrow.

In the biotech field it is common for you to be escorted out of the building on the spot. You are quitting your job, they owe you nothing. Just because you say you are willing to work another 2 weeks does not constitute a work agreement. Just think of it as them countering your offer.
 
Old 02-05-2009, 11:57 AM
 
Location: Taylors, SC
8,889 posts, read 14,845,439 times
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From what I understand, NC is a right to work state like FL. If that's the case, then no they don't have to pay you. Even if you stayed they could've decided to pay you minimum wage if they want to. In FL, I was on salary and my employer decided to dock my check b/c he was pushing more hours that I wasn't getting paid for. I clearly told him, I don't want the extra hours b/c it interferes with my family. I opened my next paycheck and w/o knowledge it was docked $160. The labor dept gave me the info above. I think it's the same in NC, but I would give them a call.
 
Old 02-05-2009, 11:58 AM
 
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Um, unless the employee actually has a contract, there is no breach of contract. NC is an "at will" state, and there is no implied "contract" between an employee & employer. You can be terminated at any time.
 
Old 02-05-2009, 12:13 PM
 
Location: Durham, NC
1,092 posts, read 1,561,263 times
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Employment at will is a legal concept referred to as the Doctrine of Employment at Will. It essentially means that, in the absence of employment contracts (such as collective bargaining agreements) that indicate otherwise, employers generally may fire employees for any reasons, no reasons and even unfair reasons, as long as they are not illegal reasons.

All states are employment at will states, meaning that they all uphold the Doctrine to some degree. To what degree regarding employers' rights to discharge employees, varies by state.
Montana is unique in the degree at this writing, in that it upholds employment at will only when employees are working during a probationary period. Outside of that, employers in Montana must have good cause to discharge employees.
For the rest of the states, the degree at which they uphold the Doctrine and what constitutes good cause under it, depends on the exceptions they recognize.

Implied Contract: Short for implied-in-fact contract, it's an agreement that is not explicitly in writing, but presumably intended by all parties involved. A manager's oral promise, a statement in an employee manual, a company policy, a chain of positive employee merit reviews, and a company's historical actions are each examples of what might constitute an implied contract between an employer and employee. Often, what constitutes an implied contract infers a "promise" of continued or permanent employment. Several states recognize breach of implied contract as an exception to the Doctrine of Employment at Will. However, employers might require new-hires to sign agreements, in which they acknowledge that documents, such as policy manuals, do not constitute contracts. If so, implied contracts based on documents might be null and void. Compare to Explicit Contract.

Questions about whether or not they are entitled to resignation pay are among the most common that employees ask after quitting their jobs, by giving advanced resignation notice. For example:
My boss terminated my employment on the day I turned in my resignation letter and refused to pay me through my notice period, even though I gave the minimum resignation notice required by company policy. Can my boss do that?
Generally, the answer to such a question is likely to be yes. That's partly because employers have the right to protect their businesses from last-minute sabotage, theft of proprietary information and ugly watercooler rumors by resigning, potentially-disgruntled employees.
But it's more so because employment is presumed to be voluntary and indefinite in virtually all states, under the Doctrine of Employment at Will.
As nonsensical as it may seem, quitting a job is likely good cause for employment termination under the Doctrine. So, employers generally have the right to immediately terminate the employment of resigning employees, despite that the employees gave ample and proper notice in compliance with company policy.
If your employer does effectively "fire" you for quitting with ample and proper notice, you can still legitimately say that you resigned, such as on job applications and during interviews.

I got the above from a website (Employment At Will States | At Will Employment States). Emphasis added by me.

Last edited by senalj; 02-05-2009 at 12:27 PM..
 
Old 02-05-2009, 12:22 PM
 
Location: Downtown Raleigh, NC
2,082 posts, read 5,134,040 times
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Quote:
Originally Posted by Bilirubin View Post
They are actually being very nice to let you work today and tomorrow.

In the biotech field it is common for you to be escorted out of the building on the spot. You are quitting your job, they owe you nothing. Just because you say you are willing to work another 2 weeks does not constitute a work agreement. Just think of it as them countering your offer.
I can somewhat understand the employer's position on this, but if this is their stance, why should employees bother giving notice at all? I was always under the impression that it was a courtesy to one's employer (and sometimes even policy) to give at least two weeks notice when leaving a job. Theoretically this would allow the employer time to set the process in motion of hiring someone else to fill the position and thus provide continuity.

I guess things have changed. If I knew this was how my employer operated, I would have no qualms of announcing as I left on my last day that I would not be returning, with no prior warning. Surprise!

And people wonder why there is no such thing as job loyalty.
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