Company refused 2-week notice Tennessee

[NewtoTN]

I am writing on behalf of my girlfriend, trying to get some idea as to whether her former employer has broken the law. She had been a salaried employee at a major Tennesee furniture manufacturer, working as a computer programmer/analyst in their I.T. Dept. from Oct. 1, 2005 until today, Aug. 25, 2006. She had become increasingly dissatisfied with her job and recently found a new job. She tried to follow standard corporate practice, and in good faith, tendered her written 2-weeks notice of resignation, the 2 weeks to end Sept. 8. She was immediately informed that she was no longer needed, told that she would not be paid for the two weeks nor for her 4 days of leftover vacation pay, told that her insurance coverage was terminated immediately, was told to clean out her desk, and was escorted from the building. She had been (to the best of her knowledge) a good employee, and had never been disiplined or written up for anything.

Can they do this? Does she have any legal recourse? If so, who should we contact in Tennesee? Is there a State Employment Commission to handle things like this, like there was in Virginia, where we had been living? Please help us come to terms with this affront to good faith and sensibility.

[cbg]

It is neither illegal nor particularly uncommon for an employee who has given their notice to be told they need not work the notice and not to return. The employer is under no legal obligation to pay them for the unworked notice time, regardless of who decided that she would not work it. They are free to terminate her insurance immediately if that is provided for in the insurance plan, and in my experience (which is considerable) about 50% of the time, it is.

IF the vacation time has ALREADY accrued, then under TN law they must pay that out, but that is the only thing you have listed that provides her with any legal recourse, and that's only a maybe (dependent on how her company accrues vacation time). She would contact the TN DOL if that is still owed her.

[turbowray]

Originally Posted by cbg

It is neither illegal nor particularly uncommon for an employee who has given their notice to be told they need not work the notice and not to return. The employer is under no legal obligation to pay them for the unworked notice time, regardless of who decided that she would not work it. They are free to terminate her insurance immediately if that is provided for in the insurance plan, and in my experience (which is considerable) about 50% of the time, it is.

IF the vacation time has ALREADY accrued, then under TN law they must pay that out, but that is the only thing you have listed that provides her with any legal recourse, and that's only a maybe (dependent on how her company accrues vacation time). She would contact the TN DOL if that is still owed her.

Does the insurance company offer cobra every time? Should they be allowed to pay the cobra and at least continue the insurance? (spendy it is though).

[cbg]

COBRA is a continuation of the already-existing coverage. It is the responsibility of the employer, not the insurance company, to provide the information, although they have up to 44 days after the last day of coverage to do so. Assuming the employer qualifies (he does if there are 20 or more employees) then unless the employee was fired for gross misconduct or was not on the insurance plan in the first place, it is required by law.

[turbowray]

Your the best CBG!!

[NewtoTN]

Thank you, CBG, for your quick response. It was quite informative. The company, which shall remain nameless, apparently hasn't broken the law, but certainly did not respond with good faith, or with good business ethics. We will check into the vacation time payment. Since this is not the first questionable act they have committed during her employment, as short as it was, we will also be informing every I.T. headhunter we know about the way they treat employees who have tried to act in good faith, and have done nothing wrong except try to improve their station in life.

Once again, thanks, and have a nice day.

NewtoTN