Although you did not mention anything about unused vacation pay, I encourage you to check the employee manual of your former company.
Also, take into account, that you wish to leave on positive terms and in a professional manner. Have you listened to: http://www.manager-tools.com/2006/07/how-to-resign-part-1-of-3
Submitted by Kevin Carpenter on Friday May 17th, 2013 4:40 am
In the UK I have only ever seen the opposite; that people are paid for their notice period if the company wants them to go although the employee wants to work their notice. I've seen this happen often when people leave to go to competitors, in this case it is known as "gardening leave".
Worth checking your contract though as your terms may differ.
Submitted by Hugh Butler on Friday May 17th, 2013 10:36 am
It depends on a number of factors such as where (geographically) you work and whether you are on a contract.
Normally, if you resign, then they do not have to pay you beyond your last working day. Dependent on the sector you are in, and whether you are going to a competitor, you can be shuffled out the same day. It's up to the company if they pay your notice period if you don't work those days. Some will, some won't. Unused vacation is a good point, and is usually paid out.
If you are intending to resign, do your homework beforehand, and be prepared to leave on the day you hand in your resignation, and possibly with very short notice. "Ok, that's fine, go clear your desk."
Good luck.
Submitted by Timothy Daly on Wednesday June 19th, 2013 4:57 pm
No, assuming you are an at-will employee, your employer would not have to pay you out for that time. Most likely (depending on the state) you are still entitled to any accrued vacation time, and should be paid out for such.
However, a few things to note (bearing in mind that I am not an attorney or a certified HR professional, just a self-educated amateur):
1.) If you have a contract that specifies a notice period, or if your company has a policy of honoring this time (unlikely, but possible) then that company's policy can be a legally binding obligation to you, and may mean you are entitled to that money. Alternately, if your company has no express written policy, but has through its actions set a precedent that a reasonable person could expect to continue, that may constitute an implied contract/obligation. It's much shakier ground to stand on, but it can happen.
2.) The second thing to consider is that by terminating you before your notice period, your employer may have changed the nature of the termination from a voluntary resignation to a "termination without cause," in which case you would likely be eligible for unemployment benefits, for which your employer would be responsible. See here: http://www.humanresourceblog.com/2012/05/09/unemploymentresignation/ (not a great reference, but the best I could find on short notice).
Submitted by Mark O'Dell on Thursday June 20th, 2013 10:43 am
Yes, of course they do, you have a contract. If they decide they don't want you to work it for commercial reasons that's not your fault. As was said earlier, we know this as "gardening leave"
There will be some subtleties about accrued holidays and such like.
It depends on what country you live in. Employment Standards rules differ between countries. I'm sure you could find a link on the Internet and then find out what the laws are for your country.
No
No
Unused *Vacation* Pay
Although you did not mention anything about unused vacation pay, I encourage you to check the employee manual of your former company.
Also, take into account, that you wish to leave on positive terms and in a professional manner. Have you listened to:
http://www.manager-tools.com/2006/07/how-to-resign-part-1-of-3
Thank You
Yes - I've listened to that podcast, and many others.
Thanks for clarifying that they don't have to pay me . . . that's concerning.
My experience is different
In the UK I have only ever seen the opposite; that people are paid for their notice period if the company wants them to go although the employee wants to work their notice. I've seen this happen often when people leave to go to competitors, in this case it is known as "gardening leave".
Worth checking your contract though as your terms may differ.
depends
It depends on a number of factors such as where (geographically) you work and whether you are on a contract.
Normally, if you resign, then they do not have to pay you beyond your last working day. Dependent on the sector you are in, and whether you are going to a competitor, you can be shuffled out the same day. It's up to the company if they pay your notice period if you don't work those days. Some will, some won't. Unused vacation is a good point, and is usually paid out.
If you are intending to resign, do your homework beforehand, and be prepared to leave on the day you hand in your resignation, and possibly with very short notice. "Ok, that's fine, go clear your desk."
Good luck.
No, but...
No, assuming you are an at-will employee, your employer would not have to pay you out for that time. Most likely (depending on the state) you are still entitled to any accrued vacation time, and should be paid out for such.
However, a few things to note (bearing in mind that I am not an attorney or a certified HR professional, just a self-educated amateur):
1.) If you have a contract that specifies a notice period, or if your company has a policy of honoring this time (unlikely, but possible) then that company's policy can be a legally binding obligation to you, and may mean you are entitled to that money. Alternately, if your company has no express written policy, but has through its actions set a precedent that a reasonable person could expect to continue, that may constitute an implied contract/obligation. It's much shakier ground to stand on, but it can happen.
2.) The second thing to consider is that by terminating you before your notice period, your employer may have changed the nature of the termination from a voluntary resignation to a "termination without cause," in which case you would likely be eligible for unemployment benefits, for which your employer would be responsible. See here: http://www.humanresourceblog.com/2012/05/09/unemploymentresignation/ (not a great reference, but the best I could find on short notice).
Yes, of course they do, you
Yes, of course they do, you have a contract. If they decide they don't want you to work it for commercial reasons that's not your fault. As was said earlier, we know this as "gardening leave"
There will be some subtleties about accrued holidays and such like.
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Chief Executive, Connect Support Services Ltd. - London based cloud & traditional IT services for SMEs
http://uk.linkedin.com/in/markodell100 - https://twitter.com/mark_odell
Depends
It depends on what country you live in. Employment Standards rules differ between countries. I'm sure you could find a link on the Internet and then find out what the laws are for your country.