Acceptance of notice to resign - withholding of pay and bonus

1 answer  |  asked Feb 17, 2012 04:54 AM [EST]  |  applies to New York

Answers (1)

Anne Golden
New York is a strict employment-at-will state; this means either you or your employer can end the employment relationship any time, for any reason except an unlawful one. It would not be unlawful for your employer to fire you on the spot even though you gave notice effective later. An employer has to pay you for time actually worked, and has to pay you for your accrued but unused vacation days if that is its policy, but it would not have to pay you for "vacation" that you haven't accrued yet. If you have accrued only three days, that's what they should pay you -- if it's their policy to pay unused vacation days.
As for the bonus, many employers have a policy that you must still be employed when bonuses are paid in order to be entitled to yours. If your employer has this policy, and if you were terminated as soon as you gave notice, you may not get the bonus for 2011.

posted by Anne Golden  |  Feb 21, 2012 2:19 PM [EST]

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