2-week notice Pay

I gave my employer a 2-week notice, stating the concern that upon giving the 2-week notice they would walk me. The last day of the pay period they walked me. I still had 6 days left before my final resignation date. Should the employer pay me up until my original resignation date? I was an exempt employee. Also, one more question, I just returned from vacation and had not accrued any, the employer accidently paid me saying they would deduct the time from my final paycheck, is that legal?

1 answer  |  asked Sep 3, 2005 6:31 PM [EST]  |  applies to Arizona

Answers (1)

Francis Fanning
You only get paid for the time you work.

I am assuming that you worked in the private sector without a written contract that protected you against an at-will termination. If so, your employer has the right to terminate you at any time, with or without cause. So when you give your notice (which, by the way, is a very decent thing to do although not required by law), your employer can choose to terminate you immediately and not have any obligation to continue paying you.
As for the vacation pay, if you were paid for the time you were on vacation and had not accrued paid vacation credit, you were overpaid. Your employer may correct the overpayment by deducting the amount of overpayment from your last check.
The fact that you were an exempt employee does not prevent your employer from prorating your weekly or monthly salary to reflect less than a full pay period. The only restriction on prorating an exempt employee's pay involves docking an employee for less than a full day's pay, which effectively converts the employee into an hourly employee and therefore not exempt.

posted by Francis Fanning  |  Sep 7, 2005 4:18 PM [EST]

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