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I gave my notice to quit and now she won't let me work...

Discussion in 'Termination: Firing & Resignation' started by erichouston84, Feb 25, 2011.

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  1. erichouston84

    erichouston84 Law Topic Starter New Member

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    I gave my notice that I was quitting and now my boss won't let me work my scheduled days. Does she still have to pay me for these days even though she is making me take them off?
     
  2. Peppermint

    Peppermint New Member

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    Are you exempt or nonexempt? Are you going to return to work at all?
     
  3. erichouston84

    erichouston84 Law Topic Starter New Member

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    I am not going to return because I am moving. What do you mean by exemt?
     
  4. cbg

    cbg Super Moderator

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    She has no legal obligation to pay you for any time beyond the last day you actually worked, EVEN IF you gave notice beyond that date and EVEN IF she is the one who decided you would not work those days.
     
  5. erichouston84

    erichouston84 Law Topic Starter New Member

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    So basically this wonderful state allows employers to screw their employees however they want to?
     
  6. cbg

    cbg Super Moderator

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    No, as a matter of fact your state is the most employee friendly state in the US.

    But only one state ever requires an employer to pay an employee past the last day they worked regardless of notice, and even in that one state (which is not California) that requirement only exists in very limited situations. The law simply does not, in ANY state (even the state where the exception exists) require an employee to be paid for a notice period they did not work, regardless of whose decision it was that it not be worked.
     
  7. erichouston84

    erichouston84 Law Topic Starter New Member

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    I appreciate the information on this topic. Is there any OTHER recourse that I can take to keep from getting screwed out of my money?
     
  8. cbg

    cbg Super Moderator

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    Ask your new job if you can start earlier. Or apply for unemployment for the missing days.

    There is NOTHING in the law that is going to force the old employer to pay you for that time.
     
  9. erichouston84

    erichouston84 Law Topic Starter New Member

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  10. army judge

    army judge Super Moderator

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    You can apply for unemployment.
    You won't get it.
    You voluntarily left your employment.
     
  11. cbg

    cbg Super Moderator

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    Not always true. In many states, if an employee gives notice and is not allowed work out that notice, they can collect UI for the notice period minus whatever waiting period the state may have.

    In any case, there is no harm applying - the worst the state can say is no.
     
  12. mightymoose

    mightymoose Moderator

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    It isn't your money. If you don't put in the hours then you are not owed anything.
     

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