Legal Question in Employment Law in New Jersey
Letter of Resignation
I work in NJ; and I am at will; however, I heard if you turn in a written letter of resignation, then the employer cannot terminate you before your last day - and if they do, they are required to pay you for the number of days given in the notice.
Also - If this is the case, what is the maximum number of days allowed to be placed in the letter of resignation for securing payment?
2 Answers from Attorneys
Re: Letter of Resignation
Your resignation does not affect your employer's ability to terminate you at an earlier date although, depending on circumstances, it may generate a dispute as to whether the termination was voluntary. There are some occupations, such as where unsupervised employees are handling cash (bartenders, etc.) where a notice period is rare and people who quit are usually terminated immediately in spite of their requests.
See also: http://info.corbettlaw.net/lawguru.htm
Re: Letter of Resignation
Employer is not debarred to terminate the services of his employee before the acceptance of resignation.
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