Legal Question in Employment Law in Indiana
Unemployment
I have a dental client in IN who has an employee that gave her 2 weeks notice. She was planning on working until the end of the 2 week perio0d, but the Dr. has asked her not to return due to her negative attitude and poor work ethics since she gave notice. He is willing to pay her through the period. Can this employee still file for unemployment even though she was the one that gave her notice and he is paying her through that period?
1 Answer from Attorneys
Re: Unemployment
She resigned her position. The effective date is, I believe, irrelevant because although she gave a 2 week notice, the employer has given her wages for that two weeks. The employer simply didn't want her to show up for the remaining period of time. Thus, she resigned, effective in 2 weeks. The employer agrees by paying her for the two weeks, but asking her to leave immediately. An employer certainly has the right to give an employee a paid day off, even a paid vacation.
I don't think the employer is on the hook. If there's a hearing, the employer need only establish: (1) she resigned; and (2) he paid her for the two weeks. The fact she left earlier at his request is irrelevant.
[But do realize, these are administrative hearings and sometimes, the hearing officer may just make an arbitrary ruling. Happens.]
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
