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Question

Hi my name is Ana .. I have a question regarding my situation.. My boss told me last week thursday that my last day would be this Thursday .. She said she's giving me aoverance pay of a week an that is considered as my two weeks notice.. Is this right?

Submitted: 104 days and 4 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country of Question: New York

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Should I get 2weeks severance pay since I got terminated and she didn't give me two weeks notice.. She said that my two weeks notice is my soverance pay... Plus can I get my 3days left vacation days since I didn't get to use them ...

Posted by MarshaDJD 104 days and 3 hours ago.

Answer

Hello XXXXXXX,

Unless you are working pursuant to a contract or other agreement that requires the employer to give more notice or severance pay then you are an employee at will. An employee at will can be terminated with no notice for any, or no, reason as long as it is not in violation of laws against employment discrimination. So in this case, your employer has decided to give you more notice than is legally required by giving you two weeks notice. One of those weeks you'll still be working and the other, you'll be paid for but not have to work.

104 days and 3 hours ago.

Reply

Well when she hired me, gave me an email like our agreement or or commitment that I am willing to commit for one year with them.. Unless I'm the one who needs to leave and give them my two weeks notice.. Is that a contract .

Posted by MarshaDJD 104 days and 3 hours ago.

Answer

Hello again,

That email from the employer may have inadvertently converted you from an employee at will to a term employee by committing you to work for them for a year. Having said that, it doesn't make sense that it says you have to commit for a year but also that you can still leave if you give them two weeks notice. I assume that you have been there less than a year. You might want to see a local employment law attorney and show them the email and talk about your specific situation to see if they think you have a breach of employment contract action. At the very least, in their email they created a right to the two weeks notice. But as I said previously, they have given you that 2 weeks. One week you work and one you don't, but you get paid for two weeks. As for your vacation pay, if you have accrued the time then you should be paid for it in your final paycheck.

104 days and 3 hours ago.

Reply

I have been given two weeks vacation time, one week will be chosen by me and a week will be chosen by them.. Since I didn't expect they are terminating me I didn't get to use my vacation days that I'm entitled to.. But she gave me a vacation days of her choice but not a full week.. She gave it to me like in a Friday or in a Monday.. So am I still entitled to my vacation days that I didn't get to choose

Accepted Answer

Hello again,

If it is accrued, then you get paid for them. It all depends how the vacation is accrued at your place of business. Sometimes companies accrue as you go. For example, 2.5 hours a pay period. Other companies say at the beginning of the fiscal year you start out with your two weeks.

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Expert: MarshaDJD
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Answered: 8/11/2009

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FL & OK Attorney, 23 yrs exp in military, criminal, constitutional, employment, insurance & gen.prac

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