Can I be let go prior to my resignation date?

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Can I be let go prior to my resignation date?

On my resignation letter, I clearly indicated that my last day of employment will be in a week. but my employer is telling me that my last day will this Friday; therefore the company doesn’t need to pay me for the upcoming  national holiday. Should I considered myself being fired? Is this even legal? What are my options?

Asked on June 28, 2011 under Employment Labor Law, New York

Answers:

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

Answered 10 years ago | Contributor

You were not fired since you resigned, no matter the effective date. And unfortunately, under the circumstances that you have described here, you are not entitled to holiday pay. An employer need only pay you for the time that was actually worked (or for which you were actually employed). While giving notice is a courtesy on the employee's part, the fact is that an employer need not extend the courtesy the other way.  Absent a union/employment contract which provides for different treatment or if this action violated company policy (either written or runs counter to the way in which other employees in the same situation have historically been treated), your employer's actions are legal.  Also, if you feel that discrimination played some sort of role in your early termination, you may have a claim (but you did not indicate this to be the case).


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