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| *Ostroff, Fair and Company>>>Other - Careers & Employment |
Is it legal? |
I've been on sick leave for 6weeks. Through that time I decided to quit my job. Upon returning I gave them a resignation letter with a 2week effective date. The other day the HR manager told me to leave because I was resigning. We have "at will" employment, but he was not firing me. Is this legal or can I file a claim with the EEOC? Relevant info: I worked for a bank. I've been there 4 years. I was a great employee (per yearly review) "At will" employment means just that. They can employ and unemploy at will, as long as it's not discriminatory. A lot of places will "dismiss" someone who has given notice for security reasons, especially when a high volume of money is involved such as a bank. There's nothing you can do about it. When you turned in your resignation and gave two weeks notice, you are offering to work 2 more weeks. Most employers find that those last two weeks are a lazy time for the employee, and they just want to end it. Why pay someone who will not really care about doing the job. The exception is if you are very specialized and are needed to train the incoming person. (PS this is a generalization, not saying every company every time) Why would you file a EEOC claim? You quit, you offered to work 2 weeks, they declined the offer. All of this after you took a 6 week sick leave. What could the bank have done wrong? Yes, you gave notice, it is up to the employer to accept the two weeks, or decline and ask you o leave I think it is very nasty of them to just tell you to leave. I think it reflects poor taste. Some employees are not courteous enough to give the standard two-weeks' notice. Yes, your employment is officially at-will, so you could have just quit without giving notice. However, a double-standard exists where it is ok for the employer to have the right to tell you to leave? It sounds like they just didn't want to pay you for the remaining two weeks. Very nasty of them. If I was in your position, I would definitely keep a copy of that resignation letter. I would also make sure I have a good alliance with at least one person at that company who will be a good reference for you. I'm no lawyer, and I don't know anything about employment law, but I am guessing that yes, it is legal. To really find out, I would go ahead and file that claim with the EEOC, that's the only way to know for certain. If anything else, even if it was legal, at least you will have a paper complaint about what they did. Why wouldn't they have used your services for the remaining two weeks? |
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