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  • Notice of intent to leave

    My wife has the possibility of being hired by another company. The hiring may occur in about one (1) week. Are there mandatory obligations concerning giving her present employer a two (2) week notice of intent to resign?

    Or is that just "employee etiquette"?

    The prospective jobs grass is much more greener.

  • #2
    Glad to hear the job prospects are looking up in your area!

    The notice is not a law, nor mandatory, just etiquette.

    In fact, many employers let the employee go almost immediately upon notification to cut down on any possiblity of disruption in the work place.

    Use your best judgement and best wishes.
    Sue
    FORUM MODERATOR

    www.laborlawtalk.com

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    • #3
      Thank you again Sue.

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      • #4
        I notice that my employer will sometimes let someone go when they give two weeks notice. Are they required to pay for that two weeks or do they have the right to just let you go with no reason. What if my new job doesnt start for two weeks and I am relying on the income from my first job?

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        • #5
          giving notice

          In an 'at will employment' state (most of them are), the employer is under no legal obligation to continue the employment of one who has given notice, and is not obligated to pay for the notice period, as a general rule. If you depend on the income from the job you're leaving, you'd best hope your employer keeps you around to train someone, or continue working, or feels generous enough to pay for no work. It may also be that you can tell the new employer you're available even sooner than you had planned!

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          • #6
            No, they don't have to pay you for the balance of your notice time if they don't allow you to work it. I have to respectfully disagree with Sue's statement that "many" employers let the employee go immediately. Yes, it does happen but it's not all that common.

            Situations where an employer is likely to accept an employee's resignation immediately is if the employee is going to work for a competitor, the employee has been a "problem" employee and is likely to act up even more now that they're leaving, or the company is feeling a financial pinch and was about to have a layoff. In the great majority of instances, employers appreciate an employee giving advance notice of his/her leaving and the employee will work out their notice period.

            If an employee is let go immediately upon giving two weeks notice, he or she may be eligible for unemployment benefits for that period of time.

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