Am I supposed to be paid for my last 2 weeks of work if I was not allowed to work them after giving notice?

I gave notice to my employer that I accepted a job with a competitor. I never signed a non-compete agreement and was a non-exempt hourly employee. Are they required to pay out my 2 weeks since I was not allowed to work them. They made my last day the previous day I worked.

Asked on February 9, 2016 under Employment Labor Law, Montana

Answers:

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

Answered 4 years ago | Contributor

No, you are not entitled to this pay. The fact is that an employer need only pay an employee for the time that was actually worked. And giving a 2-week notice, while a courtesy on an employee's part, is not typically required. Therefore, an employer need not extend the courtesy the other way. Consequently, unless you have a union or employment contract which provides otherwise, or this action violates company policy, you don't have a legal claim. Additionally, your treatment must not constitute some form of actionable discrimination.


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