Resignation Notice Pay
Am I Entitled to Pay Through My Resignation Notice Period?
Laws that regulate resignation notice pay vary by state. But, generally, unless stated otherwise in employment contracts, collective bargaining agreements or policy manuals, employers must pay only for the days employees actually worked, not for the days employees intended to work by giving advanced notice of resignation.
For example, if an employee gives two weeks notice of resignation, but the employer terminates the employee's employment on the same day that the employee gave notice, then the employer typically will not owe the resigning employee for the two-week notice period.
It's not unusual or generally unlawful for employers to send employees packing on the same day that they hand over their letters of resignation. It's to help prevent watercooler rumors, theft and last-minute retaliation. Some employers voluntarily issue resignation notice pay anyway, some don't. Only a few states require employers to pay through the advanced notice period if they send employees packing before it expires, but only if the employers require employees to give advanced notice of resignation in the first place.
Resigning employees are, however, entitled to any pay they've already earned, including commissions and accrued vacation pay if appropriate. Under the laws for most states, final paychecks for resigning employees are due on their last day of work or shortly thereafter.
To discover whether or not your employer must issue resignation notice pay under state law, start by contacting the state department of labor. If you think that your employer deprived you of your right to resignation notice pay or any other final pay, consider consulting a lawyer.
Laws that regulate resignation notice pay vary by state. But, generally, unless stated otherwise in employment contracts, collective bargaining agreements or policy manuals, employers must pay only for the days employees actually worked, not for the days employees intended to work by giving advanced notice of resignation.
For example, if an employee gives two weeks notice of resignation, but the employer terminates the employee's employment on the same day that the employee gave notice, then the employer typically will not owe the resigning employee for the two-week notice period.
It's not unusual or generally unlawful for employers to send employees packing on the same day that they hand over their letters of resignation. It's to help prevent watercooler rumors, theft and last-minute retaliation. Some employers voluntarily issue resignation notice pay anyway, some don't. Only a few states require employers to pay through the advanced notice period if they send employees packing before it expires, but only if the employers require employees to give advanced notice of resignation in the first place.
Resigning employees are, however, entitled to any pay they've already earned, including commissions and accrued vacation pay if appropriate. Under the laws for most states, final paychecks for resigning employees are due on their last day of work or shortly thereafter.
To discover whether or not your employer must issue resignation notice pay under state law, start by contacting the state department of labor. If you think that your employer deprived you of your right to resignation notice pay or any other final pay, consider consulting a lawyer.
| "Resignation Notice Pay" offers general information only and is not intended as legal advice. Neither the author nor publisher are engaged in rendering legal services. Please see an attorney for legal advice. Because laws vary by state and are subject to change at both the state and Federal levels, neither the author nor publisher guarantees the accuracy of this article. Should you act based on this information, you do so at your sole risk. Neither the author nor publisher shall have any liability arising from your decision to act on this information. |
