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View Full Version : Resignation and laws Massachusetts


sandquij
12-12-2006, 07:40 AM
Hi, I work for a pharmaceutical research organization in the Boston area. I'm fixing to tender my resignation. I would like to give the company as much notice as possible so that they are not strapped for help and still are able to ensure that their business runs smoothly and effectively.

I would like to give a rather long notice effective Jan 31, 2007, about 5 weeks without holidays. If I hand in this resignation (written), can the company let me go before the actual date which I set? If so are they required to pay me out until that date?

Previously i've heard that once a resignation is written and accepted it looks like discrimination if the company were to fire you prior to the written last day of employment.

If they do fire me before my last date will I be able to collect unemployement or another form of compensation?

Apologies if this issue has already been brought to surface, I've read as many threads as possible and I haven't come across this...but I could have missed something.

Many thanks!

ScottB
12-12-2006, 07:56 AM
If I hand in this resignation (written), can the company let me go before the actual date which I set?

Yes. Some companies will walk you out the door immediately.

If so are they required to pay me out until that date?

No. No work, no pay.

Previously i've heard that once a resignation is written and accepted it looks like discrimination if the company were to fire you prior to the written last day of employment.

What discrimination? Perfectly legal, if the company practices this without some illegal discrimination based upon a protected class.

If they do fire me before my last date will I be able to collect unemployement or another form of compensation?

Possibly.

rjc
12-12-2006, 05:34 PM
If they do fire me before my last date will I be able to collect unemployement or another form of compensation?


In MA, if they do not pay you in lieu of a reasoble notice, then the answer is most definitely yes. However, "reasonable notice" has never been defined by the courts as far as I know. Therefore, the DUA has large discredtion in this area and will look closely at the facts of your employment to determine what is reasonable, although I think anything more than four (4) weeks will not be considered so.

May I inquire why you are resigning?

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