If you give a 60-day notice, must you be paid for those remaining 2 months?

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If you give a 60-day notice, must you be paid for those remaining 2 months?

I resigned due to hostile work conditions. I had a contract and had to give 60 days notice which I did. when I handed in my resignation letter the owner told me not to bother coming back and we would work out money next week. do they owe me for the 60 days since I gave proper notice and they let me go?

Asked on August 13, 2011 Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

For a definitive answer, you need to bring the contract to an employment attorney, who can review it (since the specific language is vital) and the circumstances with you. That said, as a general matter, if you are *required* to give notice, you must be paid for the notice period (the employer would have the right to make you work for that time, but would have to pay you). Voluntary notice--i.e. someone chooses to give 60 days notice is different; the company can let you go on the spot without paying. But if there is a contract requring notice, then usually you would have to be paid--though as this answer began, you should let an attorney read and review the contract to be sure. Good luck.


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