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View Full Version : Please help. ? about compensation when employer cut notice short.


Litlmoma
09-07-2005, 08:42 AM
My husband is a salary restaurant manager, in Oklahoma. He recently gave notice and is taking a new job. He gave approx. 1 1/2 week notice. He emailed notice to district manager and his general manager. He never heard back, from anyone. He worked 5 days of the notice and on the sixth day, DM met him at work when he arrived and said that "Today is going to be your last day. The higher ups have decided not to let you work out your notice." My husband was not given a reason and honestly, didn't ask for one. Two questions:

1) He is owed 1 week paid vacation. Is the company obligated to buy him out of it? He actually called payroll person at home office, prior to giving notice, and she said they would have to pay him for it, even if fired.

2) Is the company obligated to pay him for the period of time up until his original notice? He never had an exit interview and had every intention of working out his notice. His new employer was unable to let him start early because they had not budgeted his salary in yet. The new company is the one that suggested that the old company is obligated to pay him.

Any help is greatly appreciated.

Pattymd
09-07-2005, 10:36 AM
OK law does not require the payment of accrued vacation at termination, although it appears that is the company policy to do so.

And no state requires that the employee be paid any more than for what he worked. Your husband's future employer's "suggestion" is not supported by law. Many employers do pay out the notice period if they decide to accept the resignation immediately, or at any time prior to the termination date of notice, but it is normally for morale purposes more than anything else.

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