Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Question about 2 weeks Notice

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Question about 2 weeks Notice

    What does the law state that if a person turns in their 2 weeks notice and the employer decideds not to take and sends the employee home instead of completeling thier 2 weeks? "As in Dont bother with 2 weeks." Is the employer required to pay all monies due by the end of that day or must the employee wait until the normal pay day?

  • #2
    And would it be considerd that you were fired at that point and are you still elgilable for Unemployment?

    Are you elgiable for unemployment if you quit even with a 2 weeks notice?

    Comment


    • #3
      Under my reading of the Oregon law, if you quit and your employer decides to have you leave immediately and not have you work out your notice, they would owe you your final pay immediately.

      Refusing to have you work out your notice does NOT transform your resignation into a firing. You were not fired; your resignation was accepted effective immediately.

      However, depending on state law and the exact circumstances, you MIGHT be eligible for unemployment for that two weeks. It can do no harm to apply; the worst that can happen is that they say no.
      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.

      Comment


      • #4
        the only time you would qualify is if you were leaving the company for a higher paying job elsewhere. then if they let you go they have to pay all of the unemployment out of their pocket, not just a percentage.
        this happened to me 5 years ago and i haven't heard of the law changing on this.

        Comment


        • #5
          Slomofo, this question was asked in August of last year. I very much doubt that the poster is still coming back looking for additional responses.

          Please check the dates before responding and do not respond to dormant posts.
          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.

          Comment


          • #6
            And btw, slomofo, just so you know, unemployment is NOT paid "out of the company's pocket". Nor does it make any difference what kind of job, with what kind of salary, the employee left for.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              not to argue, but each employer in the state of oregon pays a percentage. in my case, the employer wrongfully let me go and they were responsible to pay the state in full what i was compensated. i was later hired back by that company and saw all the paperwork myself as the owner and i had become friends after my first resignation. i am not a lawyer nor do i claim to know everything, however, in this case, i am correct.

              Comment


              • #8
                I've been in payroll for over 27 years. I know how UI is funded. If the employer reimbursed the state for all benefits paid out, that is known as a reimbursable account/employer. Only certain types of employers are eligible for that and reimbursable employers do not pay UI tax on a quarterly basis as do regular employers. They only pay the state for UI benefits the state pays out.

                Besides, whether or not you were wrongfully terminated according to the law does not have an affect on whether the state determined you were eligible for benefits. The majority of people receiving UI benefits were not "wrongfully terminated".
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment

                The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                Working...
                X