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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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