If I submit notice to quit, can the job legally remove me from the schedule?

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If I submit notice to quit, can the job legally remove me from the schedule?

I was scheduled to work next week. Today
Thursday I gave my job a 2 week notice
that I was quitting. They pulled me off
the schedule and gave my hours to
someone else. They said they accepted my
‘resignation effective immediately.’ I
told them that I wanted to work as
scheduled until my last day, but they
said they didn’t want me to come in to
work.

Do I have grounds for a lawsuit? Can
they legally take away my hours?

Asked on January 31, 2019 under Employment Labor Law, West Virginia

Answers:

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

Answered 2 years ago | Contributor

The fact is that while the giving of a 2 week notice is a common practice, it is not a legal requirement unless the terms of an employment contract or union agreement require it.  Basically, a 2 week notice is a courtesy. Accordingly, an employer need not honor it and therefore can accept such notice as effective immediately. Bottom line, while seemingly unfair, your employer had the right to take you off of the schedule.

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

Answered 2 years ago | Contributor

The fact is that while the giving of a 2 week notice is a common practice, it is not a legal requirement unless the terms of an employment contract or union agreement require it.  Basically, a 2 week notice is a courtesy. Accordingly, an employer need not honor it and therefore can accept such notice as effective immediately. Bottom line, while seemingly unfair, your employer had the right to take you off of the schedule.


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