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Spitfire16
12-09-2008, 06:10 AM
I have been searching and can't find info. I have been told that in the state of PA if you give your two week notice they must pay you for your two weeks even if they relieve you or your position early. Is this true? If it is what is the designated amount of time that you are able to give for this to occur. For instance I am starting my new position on Jan 5 and am interested in giving my notice possibly three weeks early...if I were let go the next day what would be the effect? All responses as soon as possible would be appreciated.

Thanks

Pattymd
12-09-2008, 06:26 AM
The reason you can't find anything is that there isn't anything.

There is no law (in any state) that requires the employer to pay out the notice period if they decide to accept the resignation immediately. Do you have any reason to think they might do so?

However, you might be eligible for unemployment benefits for the interim period, although PA does have a one-week waiting period. Alternatively, you could ask the new employer if you could start earlier.

Spitfire16
12-09-2008, 06:32 AM
Why is it then that everyone I have spoken to...non lawyers or HR but owners of companies have told me that the two weeks are to be paid. Is it different if you are in a sales field as I am?

Pattymd
12-09-2008, 06:50 AM
A lot of companies do it even though they aren't required to. Those who do figure it's just common courtesy.

Having said that, in sales (especially outside sales), it's a little more common to accept the resignation early, and especially if you are going to work for a competitor.

I have given you the legal answer. What your employer may end up doing or not doing, either way, would be legal, assuming you have no bona fide employment contract to the contrary.

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