Can I be let go prior to my resignation date?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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).
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 AttorneyPages.com 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.