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Can you be forced to leave prior to your 2 weeks notice? New Mexico

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  • Can you be forced to leave prior to your 2 weeks notice? New Mexico

    I have decided to leave my position. if I put in a 3 week notice to allows them more time to hire, can they force me to leave earlier? The owner took out more money from our account, and now I have to deal with bouncing payroll. I don't want to be part of such an unethical situation, but I am torn between giving a sooner notice out of respect for other employees, and making sure I have a job before I leave.

  • #2
    In all 50 states, once you give your notice it is up to your employer whether you work out all of it, part of it, or none of it. If you say you are leaving in three weeks, your employer can, quite legally, say, thank you but today is your last day. The only exception would be if a legally binding and enforceable contract or CBA says that you must be allowed to work your notice, and frankly, in 30+ years of HR I've never seen such a clause. There are some very good reasons why an employer might not want an employee working after they've announced their intention of leaving.

    The good news is that in most if not all states, you would be eligible for unemployment, at least until your notice date and minus any waiting period, if that should happen.
    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.


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