How does a termination notice work?

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How does a termination notice work?

I am in a salaried management position and per the employee handbook that I am required to give a 30 day notice to keep my paid time off. I gave my employer notice on the 9th of this month that my last day would be the 9th of next month. On the18th of this month, my employer terminated me stating that they had hired a replacement and could not afford to pay both salaries. I am leaving to take another job but delayed my start date to accommodate my current employer. I have no disciplinary action against me. Does the employer have to pay me the remainder of the notice that I was required to give?

Asked on October 18, 2012 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming that from the 9th to the 9th was in fact 30 days, then the employer will be obligated to honor the policy it stated in its employer handbook and let you keep (presumably be paid out) your paid time off.

However, they do not have to otherwise honor the notice period, unless the handbook (or any employment agreement) stated that they, the employer, also have to provide 30 days notice. Otherwise, they may terminate you at any time. From what you write, it would appear that the effect of the notice provision is simply to determine whether or not you can receive your paid time off.


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