does my employer have to pay me

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does my employer have to pay me

I gave a two weeks notice and on my last day i walked out and do they have to pay
me and if they don’t what should i do

Asked on October 1, 2016 under Employment Labor Law, Pennsylvania

Answers:

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

Answered 5 years ago | Contributor

I'm not completely clear as to your situation. If you worked for those last 2 weeks then you are entitled to be paid for all hours worked. However, if you were let go after giving your 2 week notice, then you did not work so are not entitled to any compensation for those weeks. The fact is that giving notice is a courtesy that an employee can choose to give an employer, unfortunately an employer does to have to return the courtesy. In other words, it can release an employee at the time the notice is given. The exceptions would be if there exists an employment contract or union agreement to the contrary. Also, your treatment must not have constitued any form of legally actionable discrimination (which you did not indicate).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The employer needs to pay you for every day you actually *worked*. They do not need to pay you for any days you did not work, regardless of whether you gave notice or not, and regardless of whether your employement ended because you quit/resigned or were fired/terminated--when you stop working, you stop earning pay. If you were not paid for days you actually worked, you can contact the state labor department to see if they will help you, and/or file a small claims case (probably on a "pro se," or as your own attorney, basis, to avoid legal fees).


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