Can an employer stop a 2 week paycheck because I give them a 2 week notice?

I worked 2 weeks and I am due a paycheck for those weeks. I put in my 2 weeks notice and now they don’t want to pay me for the prior weeks. Is this legal?

Asked on July 7, 2016 under Employment Labor Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An employee must be paid for all hours worked. This is true whether or not they subsequently submit their 2 weeks notice. That's the law. If a worker does not receive their final paycheck in a timely manner (in MD that's no later than the next regularly scheduled pay date), then they can sue their employer in small claims court and/or file a wage claim with their state's department of labor. That having been said, if you were not permitted to work the last 2 weeks that you gave notice for so these weeks were not yet actually worked, that is legal and no pay for that time is due you. The fact is that an employer need not honor such a notice; an employee can be laid off the day that it is given (absent an empoyment contract or union agreement to the contrary).


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