If I give my2 weeks on a payday andmy employer asks me to leave, does ithave to pay me for next2 weeks, including commission owed?

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If I give my2 weeks on a payday andmy employer asks me to leave, does ithave to pay me for next2 weeks, including commission owed?

I work for a bank. They will ask me to leave because I’m around customer information. I’m going to another bank.

Asked on February 7, 2011 under Employment Labor Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

The fact is that an employer an ask an exiting employee to leave immediately after their 2 week notice.  This is legal because an employee are not automatically entitled to this pay.  An employer need only pay for the time actually worked. While giving a 2-week notice is a business courtesy on an employee's part, unfortunatley an employer need not extend the courtesy the other way.  Unless there exists a union/employment contract which provides for different treatment or this is in violation of company policy (either written or runs counter to the way in which other exiting employees were treated ), your employer's actions are legal.  However, if you feel that discrimination played some sort of role, you may have a claim (for example, you were treated differently based on your sex, religion, national, origin, age, etc).

As for your commission, as long as it is earned before you hand in your notice, it is still payable by your employer (unless again there is something that runs counter to this - a  contract, etc.)


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