So I accepted a new job today and gave my 2 weeks notice to my employer in the form of a resignation letter. Near the end of the day I got called into an office and my boss had informed me that they were making my resignation effective today. I was told it was because they needed to "clear the air," as I was the 3rd developer (out of 6) to leave within the past week and a half. The other 2 people handed in their 2 weeks and were not forced out. I have not been able to get a hold of the HR manager (he was on vacation, yet somehow my boss cleared all that happened with HR). Is what they did legal, seems like I was discriminated against? Can I force the issue and try to get pay till the date which was in my letter? Either way I thought it was a (sorry for the language) dick move, as I had indicated previously that I was unhappy, gave them every opportunity to fix the problems and nothing was ever done.

Thanks for all the help.
-John

Nothing illegal. If you work on computers, it occurs MORE often because they are afraid that if you have an issue with them, then you may take it out on them in those last few days. So, it's sometimes considered a security requirement.

Been there myself and knew it had nothing to do with me, sometimes, it's just policy. It may be a new one for them...

I agree with demartian, an employer has every legal right to make a resignation effective immediately, sorry!!

Thanks for the replies guys. Ironically they let me sit at my computers for the rest of the day and I removed all my personal info from them. I could have done some damage to the servers, but I decided that would have been a bad idea. I think the reason they didn't want me around was the fact that there were a lot of people talking about it, 3 out of 6 developers leaving in 1.5 weeks is a big shakeup and should be shooting off some red flags.

You're right, I see red flags popping up all over the place. Hopefully, the employer sees them, too. :rolleyes:

I could have done some damage to the servers, but I decided that would have been a bad idea.

Precisely why it is a good idea to escort those that give notice off the premises immediately.

You did no wrong, but you thought about it.:eek:

I know that I'm late, but this is good advice for others -- if you turn in your resignation but your current employer chooses to make it "effective immediately", you are entitled to unemployment compensation for the remainder of your notice and possibly longer (depending on why you decided to resign). I know it seems like a waste of time to apply for two weeks, but it's the same as you being fired. Your resignation does not become effective on your part until you walk out the door on your last day. Anything prior to that is considered a termination. I usually suggest applying for the unemployment because 1. otherwise you'll miss two weeks of income from either company and 2. the employer needs to pay for their actions.

Even if an employer attempts to fight the unemployment, appeal it anyway because you'll win.

The above post is not necessarily accurate. It depends on state law, the length of the unworked notice as opposed to the state's waiting period, and a few other factors. While in many situations an employee who has an unworked notice period will be eligible for unemployment, it is not as hard and fast as the poster would like you to believe.

you are entitled to unemployment compensation for the remainder of your notice and possibly longer (depending on why you decided to resign). I know it seems like a waste of time to apply for two weeks, but it's the same as you being fired. Your resignation does not become effective on your part until you walk out the door on your last day. Anything prior to that is considered a termination. I usually suggest applying for the unemployment because 1. otherwise you'll miss two weeks of income from either company and 2. the employer needs to pay for their actions.

Even if an employer attempts to fight the unemployment, appeal it anyway because you'll win.

1. Entitled? Maybe so, maybe not. This is a function of state law.

2. A termination is a cessation of the employee/employer relationship. There are voluntary terminations and involuntary terminations. What it is called is irrelevant. It's the details that make the difference.

3. You don't ALWAYS win.

thatsprobablyillegal is painting this situation with WAY too broad a brush (for other posters who may read this because the OP is long gone).

Also, and this may be stating the obvious, if you received pay in lieu for the notice period, then you are not eligible. In addition, many states have a one week waiting period.

Also, and this may be stating the obvious, if you received pay in lieu for the notice period, then you are not eligible. In addition, many states have a one week waiting period.

This is true. As for the other posters, I'm sorry but you are not necessarily correct. While yes "you'll win" is a broad statement, in my experience (years of HR and employment advocacy experience in Pennsylvania) this has been the case 100% of the time. This is not to say that someone may be denied and lose the appeal, but I have yet to see it.

This is true. As for the other posters, I'm sorry but you are not necessarily correct. While yes "you'll win" is a broad statement, in my experience (years of HR and employment advocacy experience in Pennsylvania) this has been the case 100% of the time. This is not to say that someone may be denied and lose the appeal, but I have yet to see it.


Then you've been lucky. Or you've had all your ducks in a row. Or it was Tuesday. It happens. I'VE seen it.

The above post is not necessarily accurate. It depends on state law, the length of the unworked notice as opposed to the state's waiting period, and a few other factors. While in many situations an employee who has an unworked notice period will be eligible for unemployment, it is not as hard and fast as the poster would like you to believe.

I am referring to the state of PA. Hence the posting in the PA threads...

Then you've been lucky. Or you've had all your ducks in a row. Or it was Tuesday. It happens. I'VE seen it.

I'm sure that YOU have. But I'm good at what I do.

And so are the rest of us. YOU may have seen it 100% of the time. That does NOT mean that it's hard and fast, carved in stone, gonna happen each and every time without exception.

And so are the rest of us. YOU may have seen it 100% of the time. That does NOT mean that it's hard and fast, carved in stone, gonna happen each and every time without exception.

Calm down. I never said that it was going to happen everytime -- as a matter of fact I specifically said that my experience does not mean that someone can't be denied and subsequently lose the appeal, it's just that I make sure everyone I deal with crosses their t's and dots their i's.

Take a breather young man.

First off, I'm neither young nor a man. Your condescending tone is not appreciated.

Secondly, your post comes through very clearly as a one-size-fits-all response. Your experience is not binding on the rest of us.

First off, I'm neither young nor a man. Your condescending tone is not appreciated.

Secondly, your post comes through very clearly as a one-size-fits-all response. Your experience is not binding on the rest of us.


Then don't read it. Seriously, for someone who claims to be a mature woman, I certainly can't tell.

Also, to be clear it is not automatic, ie, the DOLI does not state that if you give notice and it is accepted immediately then you are eligible.

Rather, it simply changes the conditions of sepration for those two (2) weeks from voluntary to involuntary, thereby shifting the burden of proof. If the employer terminated you for willful misconduct and can prove it, then the employer will prevail.

I have represented parties, mostly employers, in every jurisdiction in the US and have yet to encounter a situation where an employee who was not permiited to work out his/her notice AND was not paid in lieu was deemed ineligible. However, I do not think a blanket statement that the above-situation always results in eligibility should be made.

Also, to be clear it is not automatic, ie, the DOLI does not state that if you give notice and it is accepted immediately then you are eligible.

Rather, it simply changes the conditions of sepration for those two (2) weeks from voluntary to involuntary, thereby shifting the burden of proof. If the employer terminated you for willful misconduct and can prove it, then the employer will prevail.

I have represented parties, mostly employers, in every jurisdiction in the US and have yet to encounter a situation where an employee who was not permiited to work out his/her notice AND was not paid in lieu was deemed ineligible. However, I do not think a blanket statement that the above-situation always results in eligibility should be made.

I agree, but I also said several times that what I was writing about were my experiences.

Sounds like a few folks here could use a drink. Isn't it after 5:00 somewhere? Geez.




[side note]: before you all go getting your panties in a bunch, that's just a joke. If you can't handle that, then yes, you need a drink. [end side note]

Even if an employer attempts to fight the unemployment, appeal it anyway because you'll win.

Please explain where, in this cut and paste directly from your first post, there is any suggestion that there is anything but a single possible result.

Yes, you later backtracked and tried to claim you were only talking about your experiences, AFTER you were corrected.

Yes, you later came back and tried to make it everyone else's fault.

Insulting me is not going to make everything better.

Even if an employer attempts to fight the unemployment, appeal it anyway because you'll win.

Please explain where, in this cut and paste directly from your first post, there is any suggestion that there is anything but a single possible result.

Yes, you later backtracked and tried to claim you were only talking about your experiences, AFTER you were corrected.

Yes, you later came back and tried to make it everyone else's fault.

Insulting me is not going to make everything better.

you think this is an insult? Wow. I have two grips you can have one of mine.

you think this is an insult? Wow. I have two grips you can have one of mine.

Lets just not deal in absolutes, such as chances are you will win, or based on my record, so far, all who have fought this has won. To say point blank you will win, could hurt someone, if they depend on that, and expect that payment when all is said and done. I for one, will not be there to pay whatever bills they rack up, because they were guaranteed on a site like this, that if they fight it they will win. I to have had to change wording in my statements, it is only because, we do not want to harm anyone, by letting them think that there is no chance of losing, when dealing with unemployment. We also keep in mind, that there are corporations out there, that have thier own attorneys, that would, if they felt like it, fight it, and maybe even possibly be able to dig some dirt up, to make it look like the firing was warranted, and the person only put in thier notice, before they had the chance to fire them. I do understand your trying to help, we all are, but never will we make concrete claims, on the unpredictable. Thank you so much for giving us your input.