I was contractually required to give 4 weeks notice.

At a company meeting with HR and an owner, I gave notice and they picked the 1st of the following month as my final day which I agreed to. (about 3 weeks...not 4 weeks as contractually required technically, but we all agreed to it)

The following Monday (the 16th) they discharged/terminated me and gave me my paycheck up to the 15th (which was due to me anyhow...) I'm supposed to be getting my check for the 16th.

My question.. Since I put in proper notice and we agreed to a date further out, don't they still have to pay me for that time? It doesn't seem right that an employee can put in notice, and then be fired and lose the pay. I'm sure I saw that this was illegal somewhere but I can't find any laws related to this online. Can someone point me to an actual ARS or Fed law that says that when an employee puts in their "two weeks" that if the employer decides to let them go sooner than that they still have to pay???

Thanks for all the help... google has been no good for a search like this (especially when I cant remember exactly what it is called!)

I don't know what you saw, but there is no law in any state that requires an employer to pay out an unworked notice period, regardless of whose idea it was that you not work the notice.

Can someone point me to an actual ARS or Fed law that says that when an employee puts in their "two weeks" that if the employer decides to let them go sooner than that they still have to pay???

No - because no such law exists.

If you have an enforceable employment contract, then it should have contained the terms regarding such notice. Having said that, if the contract did not cover the details of such a situation, you're most likely out of luck. You can have the contract reviewed by a local attorney for advise, but I wouldn't be optimistic.

Thanks for the replies. Is it just common courtesy then that employers let you go and pay you for the rest of your time?

If there are no laws regarding this, then why don't employers fire people on the spot when they give notice?? That's 2 weeks (for most people) of payroll they're not obligated to pay apparently.

I've seen it all over the place. Often what happens is that, when employees hear (and they do) that giving notice results in the employer immediately walking you out the door, employees stop giving notice. It's an assumption of the risk the employer decides to take or not take.

What I've always suggested is, give the requested notice (2 weeks, or even 1 week) as your common courtesty, but be prepared for them to say Thank You Very Much, Goodbye. Not the best employee relations, but not all that uncommon either. At least then the employer can't truthfully say that you resigned with no notice; prospective employers are wary of employees who would do that.

Some employers do let employees go immediately. (It's not firing - it's accepting the resignation immediately).

Others are willing to offer the same courtesy the employee showed.

It also depends on the type of job. A receptionist working out the 2 weeks wouldnt be too much an issue. An IT person or accountant could do a lot of damage in 2 weeks if they chose. Part of this is not discourtesy on the employers part but self protection.

I was contractually required to give 4 weeks notice.

At a company meeting with HR and an owner, I gave notice and they picked the 1st of the following month as my final day which I agreed to. (about 3 weeks...not 4 weeks as contractually required technically, but we all agreed to it)

The following Monday (the 16th) they discharged/terminated me and gave me my paycheck up to the 15th (which was due to me anyhow...) I'm supposed to be getting my check for the 16th.

My question.. Since I put in proper notice and we agreed to a date further out, don't they still have to pay me for that time? It doesn't seem right that an employee can put in notice, and then be fired and lose the pay. I'm sure I saw that this was illegal somewhere but I can't find any laws related to this online. Can someone point me to an actual ARS or Fed law that says that when an employee puts in their "two weeks" that if the employer decides to let them go sooner than that they still have to pay???

Thanks for all the help... google has been no good for a search like this (especially when I cant remember exactly what it is called!)

The answerer is found in the Arizona Revised Statute section 23-1501(1)(2)(3)(a), commonly referred to as the Employment Protection Act (EPA):

23-1501. Severability of employment relationships; protection from retaliatory discharges; exclusivity of statutory remedies in employment

The public policy of this state is that:

1. The employment relationship is contractual in nature.

2. The employment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary setting forth that the employment relationship shall remain in effect for a specified duration of time or otherwise expressly restricting the right of either party to terminate the employment relationship. Both the employee and the employer must sign this written contract, or this written contract must be set forth in the employment handbook or manual or any similar document distributed to the employee, if that document expresses the intent that it is a contract of employment, or this written contract must be set forth in a writing signed by the party to be charged. Partial performance of employment shall not be deemed sufficient to eliminate the requirements set forth in this paragraph. Nothing in this paragraph shall be construed to affect the rights of public employees under the Constitution of Arizona and state and local laws of this state or the rights of employees and employers as defined by a collective bargaining agreement.

3. An employee has a claim against an employer for termination of employment only if one or more of the following circumstances have occurred:

(a) The employer has terminated the employment relationship of an employee in breach of an employment contract, as set forth in paragraph 2 of this section, in which case the remedies for the breach are limited to the remedies for a breach of contract.

Under this reading you should proceed to small claims court to sue for the 3 weeks pay,the the employer reneged on.
JoeC