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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4536
Experience:  Exclusively practice labor and employment law.
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Is my employer in VA obligated to pay me for my 2nd week of

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Is my employer in VA obligated to pay me for my 2nd week of my 2-week notice period? They allowed me to work the first week but not the 2nd at their discretion.
Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today. I'll need to ask you some preliminary questions before I can give you an answer to your question. Specifically, are you an hourly employee or salaried. In other words, do you only get paid for the specific number of hours you work per week (hourly) or do you get paid the same amount every week regardless of the number of hours you have worked (salary)?
Customer: replied 3 years ago.

I was salary regardless of my hours prior. However, they accepted my resignation and 2-week notice period but have advised they are only paying me for the 1st week.


 


As I gave my new employer a start date of 10/7/13 since they accepted this period shouldn't they be obligated to pay me even though they released me early?

Steve,

This is unfortunately a somewhat common scenario. The employee tries to do the right thing and gives the standard two-week notice. The employer for some reason takes the resignation personally and terminates employment before the notice time has expired. The employee is left without income for the period between jobs.

The employer in this scenario did not "employ" you that last week, thus it does not owe you wage. That it was at their discretion is not relevant to the analysis - only that you did not work the entire last week, which is a permissible salary deduction under the law. On the other hand, you informed the employer that you were ready, willing and able to work until the the end of the second week. This would qualify you for unemployment insurance payment for that last week, if that is any conciliation to you. You can learn how to file for unemployment here if interested.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

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