If an employer accepts your resignation immediately and does not allow you to complete the two week notice offered, are they then allowed to tell a prospective employer you were fired or do they have to say you resigned? Is immediate resignation considered being fired and if so why?
Two week notice accepted immediately - fired?
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cbg
Super Moderator
For the most part, if an employer accepts your resignation immediately that is not the same as being fired. It's still a resignation; it's just a resignation which was accepted immediately. However, I hesitate to make a blanket statement because I can think of hypothetical situations in which calling it a firing might not be inaccurate.
Regardless of what you call it, in some states having your resignation accepted immediately MIGHT result in your being eligible for unemployment for the period of your notice. It would be worth your while to apply.
Regardless of what you call it, in some states having your resignation accepted immediately MIGHT result in your being eligible for unemployment for the period of your notice. It would be worth your while to apply.
cbg
Super Moderator
In MA, if you resign you do not have to receive your final paycheck immediately; that is only if you are fired, laid off or otherwise involuntarily terminated. It is perfectly legal for them to provide you with your regular paycheck in the next regular cycle.
MA law does provide that you have to receive any accrued but unused vacation at termination. Many people mistakenly believe this means they should receive all the vacation they would have earned for the balance of the year. It does not; you are only entitled to receive whatever you had accrued by the last day of your employment. If you didn't receive this, contact the MA AG's office, which functions as the DOL in this state.
Your employer has up to 44 days after the last day of your insurance coverage (which may or may not be the last day of your employment) to provide you with COBRA information.
MA law does provide that you have to receive any accrued but unused vacation at termination. Many people mistakenly believe this means they should receive all the vacation they would have earned for the balance of the year. It does not; you are only entitled to receive whatever you had accrued by the last day of your employment. If you didn't receive this, contact the MA AG's office, which functions as the DOL in this state.
Your employer has up to 44 days after the last day of your insurance coverage (which may or may not be the last day of your employment) to provide you with COBRA information.
cbg
Super Moderator
That should read,
It is perfectly legal for them to provide you with your final paycheck in the next regular cycle.
It is perfectly legal for them to provide you with your final paycheck in the next regular cycle.
cbg
Super Moderator
Yes, in MA your final paycheck should include any accrued but unused vacation.
Keep in mind that this does NOT necessarily mean all the vacation you would have accrued over the rest of the year. Many people mistakenly believe that if they get ten days a year, they have to receive the entire balance of the ten days when they leave, and that is not how the law reads.
Keep in mind that this does NOT necessarily mean all the vacation you would have accrued over the rest of the year. Many people mistakenly believe that if they get ten days a year, they have to receive the entire balance of the ten days when they leave, and that is not how the law reads.
acapulco615
New Member
Help!!!
I Am In Indiana And A Friend Of Mine Just Put Her Two Week Notice In Yesterday. She Came Into Work Today And Found A Letter From Her Boss That She Can Just Leave As Of Today. Her Boss Says She Is Not Paying Her For The 2 Weeks. I Disagree. Doesn't Her Employer Have To Pay Her For The 2 Weeks??? Also, She Has Vacation Time Earned, Is That Required To Be Paid To Her By The Employer? And, Lastly, They Are Telling Her That She Has To Pay For Her Insurance Through The End Of The Month (it Is The 3rd Of The Month...)? Please Advise, My Gut Tells Me That She's Getting Screwed...
I Am In Indiana And A Friend Of Mine Just Put Her Two Week Notice In Yesterday. She Came Into Work Today And Found A Letter From Her Boss That She Can Just Leave As Of Today. Her Boss Says She Is Not Paying Her For The 2 Weeks. I Disagree. Doesn't Her Employer Have To Pay Her For The 2 Weeks??? Also, She Has Vacation Time Earned, Is That Required To Be Paid To Her By The Employer? And, Lastly, They Are Telling Her That She Has To Pay For Her Insurance Through The End Of The Month (it Is The 3rd Of The Month...)? Please Advise, My Gut Tells Me That She's Getting Screwed...
cbg
Super Moderator
No, her employer does not have to pay her for the two weeks. No law in any state requires an employer to pay for unworked notice time, no matter whose decision it was that the time be unworked. Many employers do so anyway but it is not required by law.
Indiana has no statute requiring that vacation time be paid on termination; however there is case law which suggests that such time should be considered wages and paid. On the other hand, IF there is a policy that time will only be paid out under certain conditions, she must meet those conditions in order to be paid. She can contact the IN DOL for further information.
They are not legally obligated to pay for her insurance after her last day of work. The insurance policy contract will indicate what rights to have her insurance paid exist. If the insurance ends on the last day of work (which is the case at least 50% of the time if not more) then there is nothing illegal, or even unfair, about requiring her to pay for the balance of the month in order to retain the insurance.
Indiana has no statute requiring that vacation time be paid on termination; however there is case law which suggests that such time should be considered wages and paid. On the other hand, IF there is a policy that time will only be paid out under certain conditions, she must meet those conditions in order to be paid. She can contact the IN DOL for further information.
They are not legally obligated to pay for her insurance after her last day of work. The insurance policy contract will indicate what rights to have her insurance paid exist. If the insurance ends on the last day of work (which is the case at least 50% of the time if not more) then there is nothing illegal, or even unfair, about requiring her to pay for the balance of the month in order to retain the insurance.
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