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Old 09-30-2010, 08:45 AM
 
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If an employee resigns, employer accepts resignation but does not allow employee to work terms of notice and separates the employment same date. Is the employer liable for 2 weeks of wages in lieu?


The termination date is the date employer or the date of the employee notice?
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Old 09-30-2010, 09:50 AM
 
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Normal practice is that a company would go ahead and pay you through the two weeks if they asked you to leave immediately upon resigning. But there's no legal requirement for this (assuming no employment contract that says otherwise). If the employer makes you leave immediately and doesn't honor the two weeks' notice, then essentially they've fired you as of the date you submitted your resignation. They can legally do that in NC, but it can open a can of worms so they usually don't do this.
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Old 09-30-2010, 11:49 PM
 
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Quote:
Originally Posted by Witherspoon View Post
If an employee resigns, employer accepts resignation but does not allow employee to work terms of notice and separates the employment same date. Is the employer liable for 2 weeks of wages in lieu?


The termination date is the date employer or the date of the employee notice?
This is a contract issue. Or policy if there is none. Without an agreement or policy ahead of time the employer can terminate at will. The only thing they'd owe you legally for unless they broke an agreement would be unpaid vacation.

NC is an "at will" state meaning if no contract then either party can tell the other to shove it and the relationship ends "at will".
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