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Put in two weeks and told not to come back New York

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  • Put in two weeks and told not to come back New York

    So today I put in my two week notice, (2wks and a day) . I handed my boss the letter of resognation and he said don't worry about your two weeks you don't have to come back. Does he still owe me the two weeks pay either way? Please let me know if you can reference a docment that would be great. I am in New York state, White Plains. An answer as soon as possible is greatly appreciated, or even advice how to proceed.

    Thank you

  • #2
    Is there any legal documentation to say that i am in the right?

    My employee manual requries a two weeks notice in writting.


    • #3
      I agree re filing for UI though there is a 1 week waiting period in New York.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


      • #4
        I will not be filing for unemployment because I think I will be able to start within a week from Friday (tomorrow). Its just not worth it, plus I quit... so I don't think that will work.

        Either way I will call the legal department tomorrow, and tell them that I infact signed paperwork saying that I must abide by the employee manual and therefore my requirement for the two weeks notice was set by them. They therefore are bound to employee me for those two weeks since they require I give them two weeks of work before actually terminating my job unless I am on leave during my acceptance of another job.

        Please advise, if you have a more elegant way of expressing that I would appreciate it I am an engineer although I studued for both the patent bar and LSAT I know I have, by no means, the linguistic knowledge or skill to deliver that message with concise and accurate terms.

        I would appreciate any help, as I said before, I am a young man 24 ( for 10 days) and constantly getting slapped around by the more experience and more successful. I think its time the little man made himself educated enough to make a stand correctly, accurately, and justly.

        Thank you,

        John Marinacci


        • #5
          Employee manuals very rarely rise to the level of an enforceable contractual obligation. In fact, most of them contain disclaimers that they do not. In addition, most acknowledgements of the the receipt of an employee manual are merely that, acknowledgements, not and agreement to "abide by" the policies therein. And even if the employee manual did rise to that level, in order for an enforceable obligation to be enforceable in a contract, there must be a "quid pro quo"; each party "gives" something and each party "gets" something. I don't see where you "got" anything.

          All this is to say that, although I would never tell a poster NOT to contact an attorney, I don't see a case here for the employer being required to pay you through your notice period.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


          • #6
            I wish i knew more about this, but i did sign a paper saying i was following the manual and in return i got the job and the manual. Is that sufficient?


            • #7
              Only an NY attorney can tell you for sure. I don't think we have any New York attorneys that post here.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


              • #8
                I am going to call the legal department in about an hour, when I am cleaning out my desk. I am just going to ask politely "When do I receive my last check?" since payroll for my company lags 2 weeks. And when they say two weeks from today I will say "Does that include my 2 weeks of notification that Larry opted out of?" I really wanted to make a big deal of it yesterday because it was a huge slap in the face, but today I want to just get out and be done. We will see what they say hopefully they will just give it to me.


                • #9
                  Some companies do pay off notice, some companies don't. In my experience, companies that don't run the risk of employees not bothering to give any notice at all, since the employee gets nothing from their courtesy and, in fact, loses that potential pay.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


                  • #10
                    Has the employer even said that the time will not be paid or is all this conjecture, just in case?
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


                    • #11
                      I am waiting for them to return my call so I can ask if I will be paid for the two weeks. As soon as they call me I will post the conversation in detail.


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