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Does a company have to pay you the full 2 weeks when you give notice?

Discussion in 'Termination: Firing & Resignation' started by Midwest1, Apr 26, 2021.

  1. Midwest1

    Midwest1 Law Topic Starter New Member

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    I am planning to resign my employment position soon. If I give my two weeks written notice does the company have to pay me for the entire 2 weeks if I am willing to work the entire 2-week duration? Can they just say that the day I give my notice that that is my last day and only pay me for that day? Thank you in advance.
  2. army judge

    army judge Super Moderator

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    Colorado follows the legal doctrine of "employment-at-will" which provides that in the absence of a contract to the contrary, neither an employer nor an employee is required to give notice or advance notice of termination or resignation. Additionally, neither an employer nor an employee is required to give a reason for the separation from employment. In Continental Airlines Inc. v. Keenan (1987), the Colorado Supreme Court recognized at-will employment in Colorado, and noted that there may be certain exceptions to the presumption of at-will employment.

    The general principle behind the concept of employment-at-will is that the doctrine promotes efficiency and flexibility in the employment context. Employment-at-will allows employees to seek out the position best suited for their talents and allows employers to seek out the best employees for their needs.

    There are no federal or state laws requiring employees to provide their boss with two weeks notice when quitting.

    There are no federal or state laws requiring employers to allow an employee to stay on once the employee has given her/his two weeks notice when quitting.

    No, in fact an employer could say to you, "Sorry there's no need to stay another two weeks. You are free to leave right now. Goodbye."

    Yes, but you might not get a day, or even 30 minutes of paid time.

    Some people will quit ONLY after they have secured their next job.

    An employer could say, okay, we wish you well. But, we don't need you for two more weeks. We'll pay you for an hour, but you must leave now.

    Good luck.
    Midwest1 and shadowbunny like this.
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    In Colorado, like most other states, the company only needs to pay you for the time you actually work unless you have a severance agreement with the employer that provides otherwise. Thus, when you give your notice the employer could tell you that you are done effective immediately and only pay you up through the time worked that day and that's perfectly legal for the employer to do.
    hrforme likes this.
  4. adjusterjack

    adjusterjack Super Moderator

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    Some states allow an employee to collect unemployment for the second week of the two week notice (after the waiting) if the termination occurs on the day that two weeks notice is given.

    I don't know if that's the case in Colorado. You'll have to check for yourself.
    Midwest1 and hrforme like this.
  5. welkin

    welkin Active Member

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    And a large number of employers will tell you to clean out your office (if you have one) and escort you out of the building the minute you tell them you are quitting.
    army judge likes this.
  6. zddoodah

    zddoodah Well-Known Member

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    The following responses assume none of the following are true for you: (1) you are a member of a labor union that has a collective bargaining agreement with your employer; (2) you have a contract with your employer that limits the employer's ability to fire you at will or otherwise specifies how things will go when one of you wants to end the employer/employee relationship; or (3) you are a civil service employee.



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