Legal Question in Employment Law in Georgia

Full story, and a question this time:

I gave my two weeks notice yesterday, including the final day of work--June 24. I had to leave the written and signed copy on my boss;s desk as she was in a meeting, and I had an appt. I did email her and let her know I had left it there.

I had previous conversation with my boss about job fit and that I would need to find a new job. It is common knowledge between us that I am actively searching for a job at her behest, rather than be let go. She had given me until next Friday to turn in my letter or resignation.

Yesterday I did turn in a letter of resignations, with end date of June 24, 2011. I had left the sealed and signed letter of resignation on her desk--she was in a meeting. I did email her and let her know I had done so, and asked her what my next steps are.

I had been clearing out my workspace since the original need-to-find-a-new-job conversation last month. I took down my pictures yesterday--giving the workspace a barren look. I left early to go to an appointment. The appointment was listed on my group calendar--all team members have access to that calendar.

I am on-call, so I attempted to log into my work email and ticket queue and was denied access. Called the service desk--i have been locked out. I contacted my boss, asked her what was going on. She said someone else had taken call since "to all appearances I was not coming back"--this, despite still having company property (call phone and laptop) and being on a project schedule.

I have no history of any type of trouble, job abandonment, termination, even reprimand until this manager.

My question is--what is my financial recourse? I had planned to work out my notice. I do understand that if she says not to come, that money is forfeit. What about my accrued PTO? I had planned to receive that post separation per policy. If it turns out that she says do not show up, --that I have abandoned my job--can I legally take the paid time off pay in time? Does she have the right to say I abandoned the job when I gave notice? Can she legally say I abandoned the job to future employers?

Thanks


Asked on 6/11/11, 6:28 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

The bottom line is that the second your letter of resignation hit your boss' desk, you quit your job. Whatever pay or benefits you had as of that minute is what you are entitled to absent an agreement with the employer to work longer. Obviously, we don't know what benefits or policies apply. Although it is less than clear in your post, your question appears to simply be are you entitled to anything for the 2 week "notice period." Generally, no. As stated, when an employee quits, they quit on the spot. They don't dictate to the employer when it is effective or how long they can stay (that would actually have the effect of giving them greater rights than other at-will employees). A notice period is nothing more than a courtesy on the part of the employer and company, and not an obligation on either side. As far as what she says, worry about that if/when it happens. The best thing you can do is fully cooperate in returning property, doing necessary paperwork, etc.

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Answered on 6/11/11, 6:50 am


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