Legal Question in Employment Law in Colorado
collecting pay
If one gives two weeks notice, but is told by the employer to leave immediately, how much time does the employer have to pay the person their earned wages? Is the employee legally termed ''resigned'' or ''terminated'' in this situation?
1 Answer from Attorneys
Re: collecting pay
The employer is not obligated to pay anything, unless there is a policy or contract that says otherwise.
You can argue it is a termination, such as if you want to collect unemployment. But the company will argue, and unemployment will probably find, that you would have resigned so would only be entitled to two weeks of benefits at most. You can respond that things might have changed, but it is not a powerful argument.
Hopefully, you had plans made for future employment or time off, so this will not impact you very much.
More and more employers simply let people go immediately, rather than having them stay for two weeks and possibly disrupt operations since they are short-timers or steal/copy confidential info.
You can also check your policy manual, if there is one, to see if the employer requests two weeks of notice. If so, you have a better argument that they breached the employment contract and at least should pay you the two weeks.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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