Can my employer terminate me on 6/26 when I submitted my resignation for 7/11/09 without compensating me for time earned?
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Can my employer terminate me on 6/26 when I submitted my resignation for 7/11/09 without compensating me for time earned?
I becamwe ill and was under doctor’s care and have a return to work slip dated 7/13/09 from my doctor. I decoede to resign 7/11/09. My employer terminated me the last day I worked which was 6/25/09 and will not pay me for my 10.5 accrued sick hours, 22.5 credit hours or 22.5 vacation hours?
Asked on July 6, 2009 under Employment Labor Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Employers can terminated employees immediately if the employee gives notice--in the future, while it's a courtesy to give 2 weeks notice, don't do so if you can't afford it. Once terminated, the employer doesn't need to pay you for the notice period you attempted to give--after all, you're not working, since you have been terminated.
In terms of paying for sick, vacation, or credit hours--what is your company's policy? What does it say in your employee handbook, or better yet, in an employment contract (whether individual or union) if you have one? Companies may set their own rules on whether to pay out any accrued leave hours--and which ones to pay out; for example, many companies pay vacation but not sick or personal days. The company does need to follow it's own policies and can't arbitrarily choose to not pay one person while payint out others, so the big question is what are your compan's policies?
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