2 weeks - walked out

jsolari

All,

I'm sure there has been asked before.

I live on Ny.

If I put in my 2 week notice at my job I will get walked out right there.

My question is - if I do put in 2 weeks and am walked out -do they have to pay that 2 weeks in ny? Since I put in my 2 weeks and they walked me out.

Other question knowing this - should I just wait till the last day?

Thoughts would be great and anyone with experiance with this in ny maybe can help...

jsolari

I may make a call to HR without giving my name also...

[Deleted User]

Do you have a job lined up? I mean if they're going to walk you out then I would make sure I had a job lined up. Better for you that you'd be able to start your new job right away. Otherwise, why are you putting in your two weeks?

jsolari

2 weeks I get my accured vaca paid out - granted this is only like 12 hrs. I dunno if it's even worth it.

forkvoid

A two week notice is a mere courtesy, unless you have a contract that says so. Under most instances, being walked to the door after giving your two week notice is them saying "Why give us two weeks? You can leave now." Being shown the door after giving your notice is usually for their protection, against secrets theft and sabotage.

And they don't pay for the two weeks you're not there, either... your employment usually ends at the door.

eMeS

forkvoid wrote: »

A two week notice is a mere courtesy, unless you have a contract that says so. Under most instances, being walked to the door after giving your two week notice is them saying "Why give us two weeks? You can leave now." Being shown the door after giving your notice is usually for their protection, against secrets theft and sabotage.

And they don't pay for the two weeks you're not there, either... your employment usually ends at the door.

This depends very much on the state and specific state law. Also at play is whether or not the OP signed any agreement or employment contract to provide two weeks notice prior to departure, as well as any benefits/requirements spelled out in that contract to be provided by the employer.

There are many many "it depends" in this situation. Depending on the specifics, IMO in NY you're likely to be paid for the 2 weeks if they walk you out. Many companies simply do this as a courtesy, since you gave the courtesy of two week's notice. Respectfully however, an Internet certification board is not the best place to get definitive legal advice.

Another aspect to consider is that if you are terminated upon tendering resignation, then you might be entitled to unemployment benefits for the period of time in which you are without employment.

In my experience, some time ago back when I was a "direct employee", any time I gave two weeks notice I was allowed to work out and paid during the notice period. This was for several employers in multiple states. In 1 case I gave 1 month's notice and worked out the full month.

MS

msteinhilber

Check your state laws and check into any agreements you may have signed upon accepting the position. In my state, some of my friends have been employed at places where in certain positions (depending on the information you have access to as example) it is company policy to pay out two weeks salary as well as any personal, sick, and vacation time that would have accrued during that time.

That is just an example of how I have seen it work in WI though. If you really want a definitive answer to your question, as eMeS pointed out, this is not the place to get it. All you'll get are a bunch of posts of how people think it should work, how they would like it to work, how they have seen it work, and how they know for fact it legally works (if we have any armchair lawyers who participate in this thread).

What I would do if I was in your situation is probably do the best research I could through looking at state law, agreements you might have signed as well as your companies policy manual. I probably wouldn't feel too inclined to pay a lawyer for their expertise though. I would just prepare to the possibility of being walked upon notice, but I certainly wouldn't just wait till my last day and say "oh yea, I quit". That's not really professional and I hate burning bridges.

NetworkingStudent

jsolari wrote: »

All,

I'm sure there has been asked before.

I live on Ny.

If I put in my 2 week notice at my job I will get walked out right there.

My question is - if I do put in 2 weeks and am walked out -do they have to pay that 2 weeks in ny? Since I put in my 2 weeks and they walked me out.

Other question knowing this - should I just wait till the last day?

Thoughts would be great and anyone with experiance with this in ny maybe can help...

It has been my experience that management will mostly do walks out, when there is a problem, or conflict with a particular employee. If you put in your 2 week notice, then usually you and your employer come to an agreement as to whether you will work those whole 2 weeks or not. The 2 weeks is the average amount of time they would need to replace your position. At least that has been my understanding of that time frame.
As far as your vacation is concerned, I’m not sure if they have to keep paying you.
U.S. Department of Labor - Find It By Topic - Leave Benefits - Vacations
The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or federal or other holidays. These benefits are matters of agreement between an employer and an employee (or the employee's representative).
Above all I would refer to your employers hand book, and that should answer most of your questions.

shodown

My last job, after I gave my two weeks I worked a week and a half. I was called into the managers office and he told me Thursday would be my last day. I asked since they were letting me go could I leave that afternoon. I was told no. To make matters worse that Thursday everybody still left on time and I was left there until close of business. I had to call people to change my passwords and lock me out. My manager simply said good luck shook my hand and left at his usual time. We all still went out and got drunk at happy hour Friday(on the house from the company), and I got a card from the president thanking me for my time, but it was a weird situation.

Turgon

jsolari wrote: »

All,

I'm sure there has been asked before.

I live on Ny.

If I put in my 2 week notice at my job I will get walked out right there.

My question is - if I do put in 2 weeks and am walked out -do they have to pay that 2 weeks in ny? Since I put in my 2 weeks and they walked me out.

Other question knowing this - should I just wait till the last day?

Thoughts would be great and anyone with experiance with this in ny maybe can help...

It may be different in the States, but in Great Britain your contract usually has a notice period and what happens is you work the notice period and get paid for it. Cant recall a situation where you offered your notice and were shown the door. Not sure its legal here unless you broke company policy in some way.

JDMurray

eMeS wrote: »

This depends very much on the state and specific state law. Also at play is whether or not the OP signed any agreement or employment contract to provide two weeks notice prior to departure, as well as any benefits/requirements spelled out in that contract to be provided by the employer.

This is the correct answer. You need to see what the state employment laws for NY are. They differ for each state.

Here in California, we have "at will" employment that essentially means anyone can be terminated, or self-terminate, at anytime without notice. If an employer "at wills" you, they must already have all the paperwork completed and final checks cut and signed before you are shown the door. And in Cali you are also not able to sign a contract that waives your labor rights and puts you in a state of indentured servitude, which forces you to work for an employer against your wishes.

Zartanasaurus

Must be some super secure facility you work at or they are jerks. Never been fired on the spot for giving a two weeks notice.

MYSTYKRACER

forkvoid wrote: »

A two week notice is a mere courtesy, unless you have a contract that says so. Under most instances, being walked to the door after giving your two week notice is them saying "Why give us two weeks? You can leave now." Being shown the door after giving your notice is usually for their protection, against secrets theft and sabotage.

And they don't pay for the two weeks you're not there, either... your employment usually ends at the door.

Honestly I've never understood this rationale?! I knew I was quitting waaaaayyy before I told anyone else about it and usually my employer was the last to know. If I were going to do something untoward, trust me I'd never tell you, "Hey, I'm leaving in two weeks so I've already psychologically and emotionally checked out. Please focus on my every move and utterance for the next 10 business days!" When people quit b/c of dissatisfaction they've usually been plotting their "revenge" for weeks or months in advance even if it only involves swiping a ream or two of printer paper from the supply room to feed their home office . . . but trust me, I've seem much worse! This getting walked out thing to me is just petty.

As some have pointed out here, two weeks notice is an anachronistic hold over to a time long gone. The idea used to be in manufacturing or maybe even retail was that once you gave two weeks notice the company would take one week to interview and hire a replacement and one week for you to train that replacement. In todays world those would be totally unrealistic time frames. Most companies may take 30 - 90 days to vet candidates and then depending on the position it could take 6 mos to fully train someone new.

My feeling is the only reason this "two weeks" thing hangs on is mostly b/c people think it's rude to just get up and leave one day, but hey, sometimes enough is enough. The only real concern, assuming you don't have a contract that stipulates a specific notice period, is the bearing how you leave a place of employment may have on using them as a possible future reference.

laidbackfreak

Turgon wrote: »

It may be different in the States, but in Great Britain your contract usually has a notice period and what happens is you work the notice period and get paid for it. Cant recall a situation where you offered your notice and were shown the door. Not sure its legal here unless you broke company policy in some way.

Companies here in the uk can ask you to leave there and then once you have handed your notice in. They do have to pay you for your full notice period + holidays though so you dont lose out.
They have a couple of options
1) Make you work the full period.
2) Allow you to leave there and then.
3) Put you on gardening leave. For those unfamiliar means they send you home, but your not allowed to work for anyone else, this is of course paid.

I've been through all of them over the years. Much prefer just to be shown the door straight away.

NightShade03

I'm in NY too and actually just gave my two weeks as well. Most companies that I have seen in NY form "at-will" contracts with their employees. I was asked to stay the full two weeks because it is only a two person IT staff and they are understaffed as it is. However that doesn't mean that the other person I work with isn't making my life as miserable as possible these last two weeks.

Its going to be a rough ride these next two weeks....

Zartanasaurus

NightShade03 wrote: »

I'm in NY too and actually just gave my two weeks as well. Most companies that I have seen in NY form "at-will" contracts with their employees. I was asked to stay the full two weeks because it is only a two person IT staff and they are understaffed as it is. However that doesn't mean that the other person I work with isn't making my life as miserable as possible these last two weeks.

It would seem to me that the balance of power is all in your favor. What's he gonna do, get you fired?

sambuca69

The way I see it, why give notice? Who is to say in this economy that job will still be there in 2 weeks. Imagine giving 2 weeks notice only to find out a week later they "changed their mind" and you will not be joining them.

I would only give 2 weeks notice so that I do not get put on the "do not rehire" list... but if I really cared that much about the company, I don't think I would be leaving in the first place or care about being rehired down the road.

chrisone

good advice from many here! this like many other posts should be sticky.

NightShade03

Zartanasaurus wrote: »

It would seem to me that the balance of power is all in your favor. What's he gonna do, get you fired?

No, but there are other ways of annoying people. IE. I got the day off and all day I've been getting emails/calls about the most stupid things. Yeah I should ignore them but still thats not the point.

I had another thread on here somewhere about giving two weeks notice because honestly I wasn't going to wait the 2 weeks but instead just quit and walk out but almost every single person disagreed with that so I did them the curiosity of 2 weeks notice. Hate the company and will never work here again, but still I thought it was right at the time.

MYSTYKRACER

Zartanasaurus wrote: »

It would seem to me that the balance of power is all in your favor. What's he gonna do, get you fired?

+1!!!

If you just get up and walk out, what are they gonna do?!

Secondly, how the h--l is any company understaffed in the best employers buyers market in the last 50 years?!?!

msteinhilber

MYSTYKRACER wrote: »

+1!!!

If you just get up and walk out, what are they gonna do?!

That would be burning bridges with potentially good connections. Not smart, not professional.

MYSTYKRACER wrote: »

Secondly, how the h--l is any company understaffed in the best employers buyers market in the last 50 years?!?!

Because they can't sustain the wages? The labor market is full of candidates for employers now because many employers don't have the positions available.

RouteThisWay

sambuca69 wrote: »

I would only give 2 weeks notice so that I do not get put on the "do not rehire" list... but if I really cared that much about the company, I don't think I would be leaving in the first place or care about being rehired down the road.

I beg to differ here, on both positions.

I have always given 2 week notice to my employer, and every future employer was glad to see me given a notice to my current employer. It showed them that I was professional, and that I would hopefully do the same if I ever left. Which I have.

You are also thinking about the company as a faceless entity. You think you are the only one that will leave that company? Think again. The people you leave hanging in the wind, are not always going to be at that company. They may move to another company, and later on down the road... your paths may cross. You may find them across from you on the interview table. You just never know.

As msteinhilber said, don't burn your bridges.

MentholMoose

RouteThisWay wrote: »

The people you leave hanging in the wind, are not always going to be at that company. They may move to another company, and later on down the road... your paths may cross. You may find them across from you on the interview table. You just never know.

As msteinhilber said, don't burn your bridges.

Sage advice.

NightShade03

I would never burn any bridges, which is why I gave the curtsey. Like others have said it also looks professional.

The reason that we are so understaffed is that we are privately owned by someone that sees no trade off in IT or technology. The two people there (including me) are underpaid and he refused to give money to hire new. We had to wage war just to get them to buy new "real" servers instead of running the entire business off of 5 year old dell desktops...

This is clearly an indication of one reason I'm leaving....