Employee "fired" after two weeks notice/final paycheck

I gave two weeks notice in writing and my employer indicated I did not need to give them 2 weeks notice, that day would be my last day, I believe they were mad that I resigned. I then sent the owner an email indicating I still expected to be paid for the two weeks and asked when I could expect to receive the final paycheck. They have not answered my question. Should they refuse to pay me, how long should I wait before I pursue my two weeks pay.

1 answer  |  asked Mar 17, 2004 3:11 PM [EST] in Employment Law  |  applies to Ohio

Answers (1)

Ann Lugbill
Fired after giving notice

If you were an employee at will, which it appears that you were (no contract, no union representation, etc.) the law provides that an employer can fire you at any time for any reason, except if the law specifically prohibits the firing.

Increasingly, employers are taking this unfair tactic of punishing honorable employees who provide two weeks' notice by firing them immediately. The better employers will provide the two weeks' paycheck, but there is no law requiring that they do so.

I suggest that you wait until 2 days after the paycheck would have been issued had you not given notice and then if no check issues (I don't think that you expect one) decide what to do, which might include bringing suit against them in small claims court alleging that they breached their promises or employee handbook that required you to provide 2 weeks' notice when intending to leave and that firing you is ineuqitable.

posted by Ann Lugbill  |  Mar 17, 2004 9:14 PM [EST]

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