FireRulerX
10-27-2007, 07:59 AM
Giving my two week notice,
If I gave my two week notice do they have to keep me employeed for those two weeks if they do not have just cause to let me go. If they can fire me immediately what is the point of giving my two week notice? Also do you know the Article in the New York State labor law this answer is from.
Thanks
There is no law (and thus no Article, btw) requiring that you give two weeks notice. There is also no law (and thus no Article) requiring your employer to pay you for your notice if it is unworked. Your employer may (because there is no law, and thus no Article, prohibiting him from doing so) accept your notice immediately, or at any time he chooses. He is not (because there is no law requiring otherwise) required to allow you to work out the notice.
You *might* be eligible for unemployment for those two weeks. IF your employer accepts your notice immediately.
Pattymd
10-27-2007, 08:22 AM
And the point of giving notice is, theoretically, to allow the departing employee to "turn over" details of the job to the employee replacing them. Plus, not giving notice is not looked upon favorably by prospective employers.
There are some instances where it makes perfect business sense to accept a resignation immediately and not allow the employee to work out his notice. In that case, IMHO, the employer should pay out the notice period because, as you imply, it will "get around" and employees at this company will just stop giving notice altogether. However, that's not required by law.
You may be eligible for UI benefits for the length of the notice period; it can't hurt to file. All the state can do is say no.