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Old 05-12-2009, 09:05 PM
 
Location: Mount Dora, FL
3,079 posts, read 3,120,826 times
Reputation: 1577

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Quote:
Originally Posted by Dukester View Post
Have you ever left a job without giving the traditional 2 weeks notice? Have you ever worked at a company where you give the traditional 2 week notice and they cut you loose earlier than you had planned? I had this happen once to me before, within the last 3 years. I even left the company in good standing and it still happened… I plan on quitting my job in 11 months and relocating and I am just planning ahead.
Yes, I had given an employer a two week notice and they cut me loose before the two weeks because I was accepting a job with a local competitor....In this case I do not see the problem and I agree with their decision....Another instance a former employer allowed me out after I provided a two week notice....I just think some companies may want to part ways as soon as possible and don't really wanna you sticking around...
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Old 05-13-2009, 03:58 AM
 
1,577 posts, read 3,699,730 times
Reputation: 536
Quote:
Originally Posted by awsun1980 View Post
I hope you're right about this. Due to personal reasons, I had to up & quit my job pretty quickly giving only about a 2-DAY notice, I had no choice. My boss was completely understanding about it, but I do wonder if it would affect me in getting a new job. I do have a sister in HR though & she does say that when calling for a reference check, they don't often ask about this anyway. Most companies have very limited information they will give to a future employer--such as start/end date, salary, job title & sometimes that's it.
Thats correct. Most companies for legal reasons will only verify that you worked there. Your totally safe and have no obligation to give notice. Just as they can fire an employee without notice, an employee can also quit without notice. Its just a courtesy, nothing more.
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Old 05-13-2009, 05:39 AM
 
Location: Nova Scotia
458 posts, read 1,355,471 times
Reputation: 465
There was one time where an employee gave me 2wks notice and I said that they can leave now, but I will still pay them for the remainder of the notice, and I did. Keep in mind it was actually a good thing they had left.

I think it depends on how you are leaving and the relationship you have with your boss.
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Old 05-13-2009, 07:37 AM
 
26,585 posts, read 62,033,913 times
Reputation: 13166
Quote:
Originally Posted by gea12345 View Post
Ann, you need to look up your case law.

It has nothing to do with retaliation. An employer can make an independent decision. Where in the world do you read retaliation in any of the posts above.

It is called Ann came into my office today, stating that she is quitting on May 20, 2009. I scratch my head and say, hmm do I really need to keep Ann on the payroll, her work come to think of it, is not really up to snuff...hmmmm(especially her abiltiy to do case law research! very poor!!) ..hmmm, I have a nephew who is in last year of law school, who needs a job.

hmm Yeh Annerk, unfortunatley, I have to let you go! period. You say, but Wahhh Wahhh i am planning to leave on the 20th... but wahh oh wahhh i have rent due next week...

sorry Ann, I dont need you.

Turn in your key!!

In SOME states (added for emphasis because you don't seem to see the word SOME in previous posts) the law doesn't allow employers to terminate employees after they give notice without just cause. SOME.
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Old 05-13-2009, 07:38 AM
 
26,585 posts, read 62,033,913 times
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Quote:
Originally Posted by gea12345 View Post
I understand your post fishbrains, as conciliatory and annecdotal. but neither of those have anything to do with case law, other than industry standards. but in the end not important.

At will employment is ABSOLUTE. only tethered by federal and state civil rights laws which protect people from discrimination.

But what two private parties decide amongst themselves is PRIVATE and the governemnt will not enter. So, if you want to give 2 weeks notice and the employer decides to terminate you the next day because they don't want to employ you anymore, there is NOTHING the government can do!
cheers!!

p.s. but an example that may help: if you get hurt on the job or a friend gets hurt on the job, and you say to your friend, you should file a workers comp claim and the employer terminates you. Then you can claim wrongful discharge, in that situation. Why? Because W.C. is a right that you or your friend have the right to exercise!
And not all states are "at-will" states.
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Old 05-13-2009, 07:43 AM
 
1,577 posts, read 3,699,730 times
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I agree with Ann in this case (amazing huh). I don't think in many cases you can fire someone after they resigned and its been agreed to. Thats been a standing law for years in some states.
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Old 05-13-2009, 07:48 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,690,877 times
Reputation: 26727
There is an abundance of internet information about the "at will" statutes and which states subscribe to it, which don't and all the ins and outs and subsections of those states which do. There is nothing absolutely cut and dried where "at will" is concerned and one state's interpretation can differ considerably from that of another. It's not helpful to make broad statements and shout out "wrong" to others when one's own knowledge is limited. Best to say that you "think" or else say nothing at all.
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Old 05-13-2009, 09:43 AM
 
2,365 posts, read 11,126,350 times
Reputation: 696
Quote:
Originally Posted by awsun1980 View Post
I hope you're right about this. Due to personal reasons, I had to up & quit my job pretty quickly giving only about a 2-DAY notice, I had no choice. My boss was completely understanding about it, but I do wonder if it would affect me in getting a new job. I do have a sister in HR though & she does say that when calling for a reference check, they don't often ask about this anyway. Most companies have very limited information they will give to a future employer--such as start/end date, salary, job title & sometimes that's it.

Yes, she and I are both right!! There is no law that says you have to give notice on either side!!

Again what 2 parties decide amongst themselves is their agreement. If the employer states that they will give 2, 3 or a 100 weeks notice, that it is a private agreement enforceable at law!! (however it cannot be a gift, but must be a mutually bargained for exchange of consideration!!)

HOWEVER,

there is NO state or Federal law that an employer or employee must give 2 weeks noticE!! or pay an employee 2 weeks pay, because you terminate them after they have given notice. lol..What a laugh!! or vice versa! This does not refer to States having WARN statutes which require to give employees a warning of impending lay off. This applies to mass layoffs, not a single person!!

Thank you for the Glory of AT - WILL employment!! And yes, of course, they can enter into their own private contracts which will modify the default at-will law!! Not all states are at-will. HOWEVER, Most are!!

Last edited by gea12345; 05-13-2009 at 10:04 AM..
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Old 05-13-2009, 03:36 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,690,877 times
Reputation: 26727
Quote:
Originally Posted by gea12345 View Post
Yes, she and I are both right!! There is no law that says you have to give notice on either side!!

Again what 2 parties decide amongst themselves is their agreement. If the employer states that they will give 2, 3 or a 100 weeks notice, that it is a private agreement enforceable at law!! (however it cannot be a gift, but must be a mutually bargained for exchange of consideration!!)


HOWEVER,

there is NO state or Federal law that an employer or employee must give 2 weeks noticE!! or pay an employee 2 weeks pay, because you terminate them after they have given notice. lol..What a laugh!! or vice versa! This does not refer to States having WARN statutes which require to give employees a warning of impending lay off. This applies to mass layoffs, not a single person!!

Thank you for the Glory of AT - WILL employment!! And yes, of course, they can enter into their own private contracts which will modify the default at-will law!! Not all states are at-will. HOWEVER, Most are!!
Methinks you simply do not know all the ins and outs of the At Will Federal legislation and how that legislation came about and how different states have rewritten, interpreted and modified the clauses. It goes WAY back when and is nothing new. Check it out on a Google!

With all due respect, I suggest you do some research which is right at your fingertips. It's just fine to espouse a point of view on a forum but, so often, a point of view is often bereft of research. In my young days there was no internet. How times change.

Cheers!
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Old 05-13-2009, 06:29 PM
 
2,365 posts, read 11,126,350 times
Reputation: 696
Methinks that you have not attended paralegal school or law school!!

I have done both !


Quote:
Originally Posted by STT Resident View Post
Methinks
Cheers!
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