Legal Question in Employment Law in New York

Pay for Notice Period

If you give an employer a 2-week notice of your intention to resign, what is the legal implications of the employer paying you for those 2 weeks? Can they terminate you immediately and not pay you for the notice period (as my employer indicates that they can)? And, if you gave 3 weeks notice rather than 2 would that make a difference?


Asked on 2/27/04, 2:20 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Pay for Notice Period

Without a contract, your employer must pay you for the time actually worked. If you give 2 weeks notice and your boss immediately fires you. There is no requirement to pay for work you did not provide. IF you give notice and work for the final 2 weeks, your boss must apy yo u for the weeeks that you worked. Same if you give 3 weeks notice.

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Answered on 3/01/04, 9:07 am


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