Can an employer legally do this?

[TheSiege]

If I give a 2 week notice can they walk me off the job that day, with no compenstation for the next 2 weeks? I mean, basically they would be letting me go? I have more than enough vacation time to cover the 2 weeks. I live in Utah if that makes a difference.

 

[child of wonder]

I may be wrong but I think there are laws regarding firing an employee just because they give their two week notice.

However, I'm sure your former employer will claim they fired you for performance reasons or something else to avoid liability.

 

[veri745]

If you're an hourly employee, probably.

I've heard lots and lots of cases where employees are escorted out of the office after giving notice, but never heard a case where they're compensation wasn't extended at least through their 2 weeks.

 

[KeithTalent]

If you're an hourly employee, probably.

I've heard lots and lots of cases where employees are escorted out of the office after giving notice, but never heard a case where they're compensation wasn't extended at least through their 2 weeks.

Yeah, this. OP you sure they are withholding your last to weeks pay?

KT

 

[Bryophyte]

That is very common.

 

[Baked]

Yes they can. "We're fully staffed, you can just take a 2 week unpaid vacation. Thanks, bye!"

 

[Larnz]

Not sure about the US but definitely not here. They can and its not unheard of in certain sensitive fields to ask someone who resigns to leave that day but they have to pay you out for your notice period, you just don't have to work it.

I wouldn't think they could let you go without paying out your notice period, that is effectively like them firing you becuase you tried to resign? seems illegal to me but then its very hard with alot of hoops to jump through to fire people here as well.

Also any owed holiday pay would be paid out to you as well shouldn't it? if not you guys in the US get a raw deal with employee rights.

 

[Juddog]

This is why you take your vacation before giving your notice.

 

[IronWing]

I wonder if the employer's action now makes the employee eligible for unemployment benefits?

 

[TheSiege]

I am not sure, it hasn't happened yet, but I was told by other employees that it has happened in the past so I am not sure if it will with me. If they do compensate, I will give a 3 week notice, I have 120 hours of PTO, and then I will use that. I am not saying its not uncommon, I just can't see it being legal and not compensating. They aren't fully staffed, there is an active posting for the same position as me, in fact, I think there is 3 open positions.

 

[sze5003]

Yeah depends really where you work. If I told my boss I was leaving in two weeks and hr or someone found out I was going to a competitor investment firm I'm sure a couple of days later I would be let go on the spot.

But the way they operate at my company if you've been there long enough you may be fine. I know most of the lay offs happen to contractors. They don't like letting full time employees go its one of those lifer companies that people pretty much just stay there because you can get rotated to different areas or post to different positions within the company.

Edit : can you have your PTO payed back to you if you didn't use it ? I guess they wouldn't want to do that if they knew you were leaving.

 

[Farang]

I wonder if the employer's action now makes the employee eligible for unemployment benefits?

I was going to mention this. In my state I won my case for unemployment because of this. The key to the case was apparently that I was "replaced"--they posted a weekly schedule with someone new taking my hours.

Obviously it will vary from state to state. But in WA the eligibility decision is a one-time thing... so most likely you would be eligible for those two weeks (since you were involuntarily not working) and that will carry over into subsequent weeks.

I'd think the employer could get around it by just using your vacation time for two weeks. At the end of that period it was a voluntary quitl

 

[Capt Caveman]

This is why you take your vacation before giving your notice.

Only if you don't want to be cashed out to you when you leave, it's earned.

 

[TheSiege]

My company doesn't cash out vacation and I don't know for sure if I got the new job or not. And more than likely they would want me to start ASAP

 

[Juddog]

Only if you don't want to be cashed out to you when you leave, it's earned.

I've never worked at a single company that lets you "cash out".

 

[Baked]

I've never worked at a single company that lets you "cash out".

Last job I worked at for 12 years cashed out all my earned vacation and sick leave hours. The check was nice.

 

[IndyColtsFan]

I've never worked at a single company that lets you "cash out".

Errr, what? Every company I've ever worked for pays for unused and earned vacation days when you leave.

 

[Red Squirrel]

Depends if there's a union and if the collective agreement covers that. No union, it's their company, their rules, they can do whatever the hell they want, almost. Even with a union, if they really want to they probably can go against those rules. Usually more complicated though. A half decent respected company probably would not do it though, and they'll need you to tie loose ends during those two weeks anyway. Such as handing over projects or putting everyone in the loop with anything you've been working on, possible training etc.

Either way it's good practice that when you put 2 weeks notice to have extra money to survive for a month or so. Remember, when you do start your new job the pay will probably be delayed a bit, as some companies it can take like a month before they have it all setup.

 

[KeithTalent]

I've never worked at a single company that lets you "cash out".

Pretty sure they legally have to pay you for that. :hmm:

KT

 

[MustISO]

All my previous employers have paid out any vacation time that was left over. If I left or was laid off it was the same. Cash for whatever vacation I had at that point.

 

[88keys]

Some states like MD prohibit employers from withholding vacation after termination of an employee. You should look up state laws regarding this.

But IMO, 2 weeks notice is an outdated concept anyway.

Every situation is different and you really have to consider how your employer has treated people in the past when they have departed with sufficient notice. Some places will escort you off of the premises immediately and this is often done to protect company secrets etc. If you are going to work for a competitor you become a liability at that moment. Every situation like this that I know of, the employee was compensated for the 2 weeks and was received the vacation time that they were entitled to was also paid out. My guess is that this is done to avoid any potential legal battles that may arise from poor conduct.
However there are alot of employers who will throw people under the bus quick as shit and will often look for reasons to terminate an employe before his final two weeks end. These are the people you should watch out for and I would advise keeping your new job a secret until your last day when dealing with companies like this.

My best advice it to get in touch with people who have left with notice and see how their experience went. Or you can ask co workers that you can trust. Letting the wrong person know that you intend to quit in the near future can also have bad consequences.

 

[MagnusTheBrewer]

Utah is a right to work state. They can and will let you go at any time. Take your vacation first then, turn in your notice.

 

[TheSiege]

I know they are a right to work state, so that means I would be let go and eligible for unemployment benefits right?

 

[MagnusTheBrewer]

I know they are a right to work state, so that means I would be let go and eligible for unemployment benefits right?

Yes but, they don't have to pay you for any accrued vacation time. So, take it first.

 

[RaistlinZ]

I've never worked at a single company that lets you "cash out".

You've been hosed. They're supposed to pay you for that.