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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12801
Experience:  Significant experience in all areas of employment law.
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If you give an employer a 2 weeks notice and they make that

Customer Question

If you give an employer a 2 weeks notice and they make that your last day are they required to pay you through your 2 weeks? In two seperate verbal conversations I was told I would be paid through my 2 weeks but I was not and they will not respond to phone calls or email. I am sales and this has always been the policy to not have sales work their 2 weeks but they have always been paid since it was the employers decision. And if they are required to pay the 2 weeks are they also required to pay earned commission through the 2 weeks? Thanks!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. Although it is very courteous for an employee to give advanced notice of their departure, the law does not obligate them to, so and does not confer upon an employee who chooses to give notice any special privileges or rights. All of this means that even though an employee gives advanced notice that they will be leaving, an employer is under no obligation to keep an "at will" employee employed until the date they say they say they will be gone barring an agreement to the contrary. Otherwise, if you think that logically through, an employee could theoretically give "one month's notice," or "one year's notice" and then be guaranteed employment (and wages) for that length of time.It is an unfortunate reality, but very often managers will terminate employees who give advanced notice on the spot. They reason it is sometimes better to let employees who are planning to leave anyway go immediately, since (or so the argument goes), they will not be as productive in their final weeks because they know they are leaving, they might sour the morale of other workers, or might misappropriate company files. Certainly I am not suggesting that you would do any of these things, but this explains the possible rationale and totally lawful motivations that an employer might have for terminating an employee who gives notice before their proposed departure date. An employee who is terminated prior to the date they give as their last day is entitled to compensation for the hours they actually worked in the pay period before they were let go, but no more. A promise to pay through the two weeks would not change this, as such a promise would be gratuitous (not in exchange for anything) and thus not enforceable as a contract. As for commissions, your commission agreement should specify whether you are entitled to commissions on deals that you made which do not go through until after you leave the company. If your agreement does not specify this, the general rule is that commissions on deals made by an employee which "close" after the employee leaves are payable to the employee when the company receives payment. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.* Disclaimer *Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.
Expert:  Patrick, Esq. replied 1 year ago.
Hello again,I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.Very best wishes.