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Old 02-06-2009, 04:47 PM
 
129 posts, read 671,159 times
Reputation: 118

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I seemed confused with some of the posts here. The original poster said they gave two weeks notice and then were terminated. Checked with my HR department. Once you give notice, even if asked to leave , it is not considered a termination . If they ask you to leave prior to the time you have given, they should pay you through that time. She explained that many people just walk away and do not fight this, but she said once you give notice, that notice is binding and they cannot change that.
Good luck!

 
Old 02-06-2009, 06:56 PM
 
Location: Apex, NC
115 posts, read 381,286 times
Reputation: 89
Quote:
Originally Posted by joshyomaster View Post
I seemed confused with some of the posts here. The original poster said they gave two weeks notice and then were terminated. Checked with my HR department. Once you give notice, even if asked to leave , it is not considered a termination . If they ask you to leave prior to the time you have given, they should pay you through that time. She explained that many people just walk away and do not fight this, but she said once you give notice, that notice is binding and they cannot change that.
Good luck!
I believe the notice needs to be written in order for this to be valid. If you walk up to your boss and say "I'm quitting - I'm giving you my notice" it means nothing in a court of law.
 
Old 02-06-2009, 07:39 PM
 
Location: Durham, NC
1,232 posts, read 3,781,181 times
Reputation: 604
Check with the state and feds by calling them. NC is not a pro-employee as CA, so I cannot attest to any specifics. However, I haven't experienced first-hand an employer in CA that did not pay for the full week(s) notice when they expected an employee to leave sooner than the notice.

However, let's say you gave six months notice. And the employer asked you to leave immediately. Since you were terminated immediately before the time you created this 'new' compromise, it could be construed that you were terminated for the period of time you indicated in your notice. Though you gave notice, it could be argued that you were terminated for those weeks made in your notice.

Thus, file for unemployment for, at least, those weeks. However, again, check with the state and the feds. Soliciting information from the board is good for general information, but I wouldn't depend on anything anyone says as a sole source for anything legally affecting YOU.
 
Old 02-07-2009, 05:17 AM
 
Location: Southeast US
1,467 posts, read 5,129,401 times
Reputation: 1016
Quote:
Originally Posted by joshyomaster View Post
I seemed confused with some of the posts here. The original poster said they gave two weeks notice and then were terminated. Checked with my HR department. Once you give notice, even if asked to leave , it is not considered a termination . If they ask you to leave prior to the time you have given, they should pay you through that time. She explained that many people just walk away and do not fight this, but she said once you give notice, that notice is binding and they cannot change that.
Good luck!
At my last job, the company policy was to pay you through a two week notice even if you were asked to leave before the end of that two weeks. I don't think it's any sort of law.

I know someone mentioned contract. Is a notice a contract? I thought a contract involved the agreement of two parties; so, handing in a notice isn't a contract??
 
Old 02-07-2009, 05:25 AM
 
836 posts, read 3,469,921 times
Reputation: 432
When we asked about contract, we were talking about his employment contract. Certainly they signed a contract when they took the job. That contract likely said something about termination/quitting and the terms of that.
 
Old 02-07-2009, 07:50 AM
 
Location: Southeast US
1,467 posts, read 5,129,401 times
Reputation: 1016
Quote:
Originally Posted by VaNC View Post
When we asked about contract, we were talking about his employment contract. Certainly they signed a contract when they took the job. That contract likely said something about termination/quitting and the terms of that.
Thanks for the clarification!
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