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Thank goodness I'm not into game-playing and mindless repartee. Actually your responses to my well-intentioned queries remind me of when TVSG was challenged and went on a bent of replying to posters by parroting their responses but adding nothing, just quoting them as a response.
1. "Normally requested by an employer from an employee when leaving" to get good references and any vacation or other benefits due. These can be withheld if the company policy and handbook stipulates that 2 weeks notice must be given.
2. The "At Will" states have nothing on it, or Federal, when you give your 2 weeks notice, as a courtesy to your employer, whether they have it in their hand book or not, it's not required, or mandatory.
3. The 2 week notice does not have to be accepted by the employer, if, they have a stipulation in the handbook which states you must give 2 weeks notice to get your benefits, etc, then, yes, they have to pay you the benefits, but, they can accept your resignation effective immediately, and make it effective immediately, it's their company. They pay you the expected benefits, but not the 2 weeks, buh bye.
If there is no stipulation or handbook stating a 2 week notice has to be given to get vacation time earned, or any other benefits which are company sponsored, then you can give them 5 minutes notice and request your benefits on your last paycheck.
The only difference to this, is UNION jobs. Employee handbooks are a contract from the company to the employee, it states what they will do for you.
Most people work under the default law of at-will, which is used in the majority of states.
However, you may enter into a job contract. The contract will tell you what your rights and obligations are.
Quote:
Originally Posted by sinsativ
The 2 week notice, is 3 part thing:
1. "Normally requested by an employer from an employee when leaving" to get good references and any vacation or other benefits due. These can be withheld if the company policy and handbook stipulates that 2 weeks notice must be given.
2. The "At Will" states have nothing on it, or Federal, when you give your 2 weeks notice, as a courtesy to your employer, whether they have it in their hand book or not, it's not required, or mandatory.
3. The 2 week notice does not have to be accepted by the employer, if, they have a stipulation in the handbook which states you must give 2 weeks notice to get your benefits, etc, then, yes, they have to pay you the benefits, but, they can accept your resignation effective immediately, and make it effective immediately, it's their company. They pay you the expected benefits, but not the 2 weeks, buh bye.
If there is no stipulation or handbook stating a 2 week notice has to be given to get vacation time earned, or any other benefits which are company sponsored, then you can give them 5 minutes notice and request your benefits on your last paycheck.
The only difference to this, is UNION jobs. Employee handbooks are a contract from the company to the employee, it states what they will do for you.
I have given my notice to my employer (2 weeks) and I was expecting to recieve my vacation pay. I was told I would not be paid for my 2 weeks vacation pay? Can they do this?
I have given my notice to my employer (2 weeks) and I was expecting to recieve my vacation pay. I was told I would not be paid for my 2 weeks vacation pay? Can they do this?
It varies by state and what the companies policy is as written in the employee handbook. At pretty much every job I've ever had, as long as you finished out your two week notice, you were paid out all unused vacation time.
I just worked in an HR department and we had a similiar thing happen. Unless there is another written contract neither the employee nor the employer is required to give the two weeks notice in an at-will state. Now if the employee gives two weeks and the employer denies it and also chooses not to pay them for the two weeks then it is considered involuntary termination vs resignation and whatever consequences may come out of that. In this particular case, the employee was going to work for a competitor so it just wasn't reasonable to keep the employee. The employer is not required to keep paying the employee for the two weeks either but again it would be considered an involuntary termination if they choose not to which could have different ramifications for both the employer and the employee (benefits, unemployment, etc.).
In regards to vacation payout, that is going to depend on the laws in your state and/or company policy. If it is company policy to not pay employees if they quit, then it has to be uniform amoung all employees. They cannot pay some for accumulated vacation and not pay others. Again some states have laws that protect accumulated vacation.
My work history---19 years union job ( no notice given)
------------------2 years good paying non-union job ( massive lay off--started the union job below 3 days later
------------------10 yers union job ( no notice given)
------------------4 years good paying non-union job ( no notice given)
Now retired.
I only drew 1 week of unemployment between the ages of 17-62 ( self employed some of those years) and don't regret working at those good paying places, but don't regret leaving with no notice whatsoever.
if my contract states 1 week in probation period and handbook states 4 weeks notice which is correct? which do I need to give?
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