Legal Question in Employment Law in New York

I resigned from my job with a 2 week notice. They told me that they excepted my resignation but not my 2 weeks. I could leave and that I will not get paid for my 2 weeks because I am going to the competition. Can they do that legally??


Asked on 12/21/12, 2:43 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

Yes, it happens all the time. The two week notice tradition is for the benefit of the employer to transition another employee into the vacant position. If the employer doesn't need this transition period or is acting like a two year old because you are leaving, you won't be entitled to work if you are an employee at will. If you are under a contract or are a union employee, the contract will dictate if you are entitled to two weeks of pay.

Also licensed and practicing in New York.

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Answered on 12/23/12, 7:20 pm


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