My last day at this job is tomorrow
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I've lived and worked in TX and FL (both work-at-will states), and every company I've heard of that will release an employee immediately after giving two weeks notice has gone ahead and paid them out for those two weeks. Since I've literally seen dozens of companies do this in both states, I think there has to be a legal reason (if not a requirement, then it at least makes things look better if you were to file suit or something like that). If you know someone that works in HR, I'd give him/her a call. Depending on your income level, it might be worth paying a lawyer a hundred bucks or so for a consultation.
I live in Florida. The way it works, as I have been told, is that once the two week notice has been given the company can honor it or can move your last day to any day they want within that two week period. They are only required to pay for actual work done, not the entire two week period. So when you put in your two week notice, the company can say we accept your resignation but are making it effective immediately, so you are out two weeks of pay.
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Question: At this job all worked out well, but at my last job, I gave my two weeks notice, and they told me to get out that day. This really screwed me up, because I wasn't starting my next job for two weeks. I was out that salary. How does one protect one's self yet also do the right thing with the notice?
Most IT positions are let go as they turn in notice, but I have (rarely) seen an employee kept on for the full notice period due to staffing shortages. If you work in an "at-will" state, there's nothing you can do about being let go early after giving notice except file for unemployment. However, let your current employer know your intentions up front. If you plan on working for the full two weeks, then let them know that you won't start at the new company and intend to either work or collect unemployment for the notice period. Most companies don't want to take the hit on their unemployment insurance and will opt to keep you on at that point or pay you severance. Also, everyone else is correct that the new employer probably needs someone sooner rather than later and will let you start early. (Training with the outgoing person is usually a good thing.)
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Question: At this job all worked out well, but at my last job, I gave my two weeks notice, and they told me to get out that day. This really screwed me up, because I wasn't starting my next job for two weeks. I was out that salary. How does one protect one's self yet also do the right thing with the notice?
that sucks. Been there. AS someone else has already mentioned this bridge goes two ways. There are websites where you can rate employers. I highly suggest you do so. And tell all your buddies about how you were treated as you were walked out the door. I had this same experience. I had a long discussion with the worthless(aren't they all) HR person. She told me they left it up to the manager and let them decide. I even talked to a lawyer. Long story short. I had a case. But I would only have been able to collect 5 days of pay and it would have taken 6+ months. Lawyers advice was what I gave you. Post it online as a review of the company and talk to all the other Devs in you can. Word got around about that manager and he is no longer with that company(not sure that was the reason but it didn't hurt). Most places in the US will pay you for the notice time. Whether you work or they want you to work it or not. Usually they have it stated in their HR policies. Go check.
To err is human to really mess up you need a computer
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There are no such laws in the U.S. in right-to-work states. However, a union contract or other employment contract may specify that the employee be paid for notice pay whether they work it or not. Note that in I.T. in the U.S., employee contracts and union contracts are rare.
Interesting, here pretty much every full time job is bound to a union. And employers do not risk violate union agreements as in a law suit there's 99.9% chance the employer will lose.
To alcohol! The cause of, and solution to, all of life's problems - Homer Simpson ---- Our heads are round so our thoughts can change direction - Francis Picabia
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Question: At this job all worked out well, but at my last job, I gave my two weeks notice, and they told me to get out that day. This really screwed me up, because I wasn't starting my next job for two weeks. I was out that salary. How does one protect one's self yet also do the right thing with the notice?
Check your PTO balance, and then check your dept of labor on PTO. If you still have PTO and if the contract doesn't say that PTO isn't prorated, then it might be the case where ( NYC case) the company has to pay your remaining PTO balance. When I left, they told me to get out asap I sent my letter, and since I had 2 weeks of PTO. I sent them another notice, that I'm going away on my PTO for 2 weeks and then leave with the following link: http://www.labor.ny.gov/workerprotection/laborstandards/faq.shtm#11 I got PTO with no argument. You can also collect unemployment for those 2 weeks if worst comes to worst. That's why the feds deduct worker's comp from your paycheck, and from what I recall, it doesn't affect your social security account, since the unemployment works on an insurance basis
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Question: At this job all worked out well, but at my last job, I gave my two weeks notice, and they told me to get out that day. This really screwed me up, because I wasn't starting my next job for two weeks. I was out that salary. How does one protect one's self yet also do the right thing with the notice?
I had a similar thing. I live in Nevada, which is a right-to-work state (which I translate as you have no right to work), where they can fire you without notice or giving cause. In my case I had a new job lined up just after I was taking some vacation. Our Employee Handbook (the employment contract someone mentioned) stated three things: 1) They want at least 2 weeks notice if you are leaving voluntarily. 2) They may ask you to leave prior to your requested last day after giving notice. 3) Any accumulated vacation will not necessarily be paid to you upon voluntary termination. So while my new job wanted me to start at the beginning of August, I had already planned to take the vacation (a wedding cruise) months in advance for the last week of July. So I didn't give notice prior to the vacation, because I figured they might request that I leave at that point. Instead I waited until my first day back after the cruise. So I gave notice, brought a project and department manager up to speed on the Selenium project I had been doing for them. My manager had called a group meeting late that morning letting the group know I had given notice and all indications were that I would spend the next two weeks getting my customer support cases and the Selenium project transferred over. However, I got a call to go to a conference room at 4:30PM and they basically gave me my walking papers. My manager went back to my desk to get my stuff from it and bring it to me. Now other people at the company had given notice and were there for at least the two weeks, so we all knew about it in advance. The person that trained me for the support work when I started was one of them. However, I think I was let go more quickly because I was doing development work and they didn't want any security issues from me putting some type of malware into the code. That was the first time our group had ever done coding, so in my case I think it was a security issue. I think any developer might have to expect that, but I objected to them asking for 2 weeks notice yet not paying you accumulated vacation time or the remainder of the two weeks if they let you go sooner. They were a lousy company as far as how they dealt with their employees and that is just one such example.
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Question: At this job all worked out well, but at my last job, I gave my two weeks notice, and they told me to get out that day. This really screwed me up, because I wasn't starting my next job for two weeks. I was out that salary. How does one protect one's self yet also do the right thing with the notice?
If you're in a right-to-work state, you really can't do anything. Giving 2-weeks notice is a professional courtesy but your employer is under absolutely no legal compulsion to honor the 2-week notice. OTOH, neither are you: you can just walk out too, without any kind of negative effect.
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Ok. Let me start over. This isn't about contracts. It's customary to give two weeks notice at your place of employment. Further, a company will deem you as 'rehirable' if you give two weeks. The reason this is important is future companies may call asking if I am 'rehirable', which can influence another company's hiring decision. I work in a state where companies may fire you for any reason (accept illegal reasons like race, etc.), and I may quit for any reason.
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Ok. Let me start over. This isn't about contracts. It's customary to give two weeks notice at your place of employment. Further, a company will deem you as 'rehirable' if you give two weeks. The reason this is important is future companies may call asking if I am 'rehirable', which can influence another company's hiring decision. I work in a state where companies may fire you for any reason (accept illegal reasons like race, etc.), and I may quit for any reason.
You really can't protect yourself completely. It is the right thing to do to give at least a two week notice when leaving a company and if they decide to let you go earlier, that's their call and right as the employer (or at least it should be). You just have to deal with what happens. Having some money stashed away (emergency fund as Dave Ramsey calls it) can make this a minor issue. It's not necessarily easy but it gives you some stability so your not living paycheck to paycheck.
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Question: At this job all worked out well, but at my last job, I gave my two weeks notice, and they told me to get out that day. This really screwed me up, because I wasn't starting my next job for two weeks. I was out that salary. How does one protect one's self yet also do the right thing with the notice?
In most of the Western world there are minimum "notice" periods outside of the probationary period. So if you've been with an employer 3+ months (probation), you basically "owe each other" 2+ weeks of notice. In Canada, this is generally two weeks. So the company can let you go for any reason with two weeks of pay. If they want to give you less than two weeks, they must have a legal reason (theft, abandonment, etc.) My experience with the UK had this number at a 4+ weeks. In the United States, many states are "at-will" employers which means they can let you go for any time for any reason. You can likewise leave for any time, any reason. The way to prevent this is to negotiate a severance contract. Typically this involves you promising to give them a specific amount of notice prior to your departure and them agreeing to provide you a similar pay and notice. The time to get this straightened out, is when you start the job, not when you leave it. On a separate note. While your employer behaved in a "legal" fashion, this is generally considered "poor" behaviour. Congratulations on getting out. To help others from suffering similar fates, I strongly recommend leaving this information on a site like GlassDoor.com. This is the exact type of information that prospective job candidates need to hear.
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Question: At this job all worked out well, but at my last job, I gave my two weeks notice, and they told me to get out that day. This really screwed me up, because I wasn't starting my next job for two weeks. I was out that salary. How does one protect one's self yet also do the right thing with the notice?
First, consider contacting the new position and tell them that the old company released you and you can start sooner. Maybe they will bring you on early. Can't hurt to ask. Beyond that, your rights will vary by state. Most (maybe all) states have an employment commission that can tell you your rights. At a minimum you should be able to collect unemployment benefits. (Though it will not be much and you would only see a week of it.) All the same, this is an easy way to stick it back to them in a way that isn't in someones face and could backfire. Finally, make a note and don't work for the company again if you possibly can avoid it while telling all your friends what they did (off the internet). I would be slow to call them out simply because such things could come back around to haunt you. Most companies will either let you work the two weeks, or pay you and send you on your way. If they don't then they are legally obligated to pay you all money owed within 24 hours. If they fail to do so, again call the employment commission and see what action you can take.
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Question: At this job all worked out well, but at my last job, I gave my two weeks notice, and they told me to get out that day. This really screwed me up, because I wasn't starting my next job for two weeks. I was out that salary. How does one protect one's self yet also do the right thing with the notice?
It's rare for an employer to fire a person simply because they gave notice. The only exception I can think of is if there was some type of security concern. It sounds like your boss just wanted you gone (for whatever reason). That being said, depending on where you are, you would probably qualify for unemployment benefits because that does not sound like legitimate grounds for termination. I've hired and managed programmers and I usually ask programmers to give 30 days notice if they are leaving and it typically takes more like 60-90 days to replace a programmer if you count the time needed to advertise, interview and then allow them to give notice and then to get them up to speed.
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Question: At this job all worked out well, but at my last job, I gave my two weeks notice, and they told me to get out that day. This really screwed me up, because I wasn't starting my next job for two weeks. I was out that salary. How does one protect one's self yet also do the right thing with the notice?
I would suggest you inform your new employer that you may be able to start earlier and see if they can accommodate you. My experience is that when an employer decides to hire you they would like you to start as soon as possible so I would think they would accommodate you if you can start early. I live and work in Texas which is a "Right to Work" state. What this means is I can quit at any time without notice and they can fire me at any time without notice. You should review the employment laws where you work to see what your options are. I agree with other replies that it's customary to give two weeks notice to maintain good will with your former employer. But if you're in a bad situation you may want to just get out. Two weeks notice may not be enough good will to get you labeled as "rehireable". If it's one incident it will probably not affect your ability to get hired.
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The latter is the thing that non-stupid companies in the US will do as well. Unfortunately some people don't realize that burnt bridges obstruct traffic both ways. :doh:
Did you ever see history portrayed as an old man with a wise brow and pulseless heart, waging all things in the balance of reason? Is not rather the genius of history like an eternal, imploring maiden, full of fire, with a burning heart and flaming soul, humanly warm and humanly beautiful? --Zachris Topelius Training a telescope on one’s own belly button will only reveal lint. You like that? You go right on staring at it. I prefer looking at galaxies. -- Sarah Hoyt
I agree,especially because other employees at the company will observe what happens to people who give their two weeks notice. If they see people being screwed, they will remember that when it is their time to move on. So the company will burn themselves in the long run by not being able to maintain orderly handovers of responsibility.
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Question: At this job all worked out well, but at my last job, I gave my two weeks notice, and they told me to get out that day. This really screwed me up, because I wasn't starting my next job for two weeks. I was out that salary. How does one protect one's self yet also do the right thing with the notice?
Whenever I've made a jump I discuss this possibility with my next employer. "It they cut me when I give notice, how soon can I start with you?" If my new employer isn't ready for me to start, then I take the time off and relax. Mostly it's about planning ahead.
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Question: At this job all worked out well, but at my last job, I gave my two weeks notice, and they told me to get out that day. This really screwed me up, because I wasn't starting my next job for two weeks. I was out that salary. How does one protect one's self yet also do the right thing with the notice?
"Customary" died a long time ago. The requirements of your position are spelled out in your Employee Manual, which in the states is treated as your employment contract, unless otherwise explicitly specified. Left coast states don't have a requirement to give notice, either by employer or employee, before terminating employment. Some companies stipulate notice. The bottom line is that employment is a reciprocal arrangement. You've had the experience of being told to "get out", which defines nicely your reciprocal responsibility for notice, loyalty, etc. The Fair Labor Standards Act (FLSA) has no requirements that a company must give notice to an employee prior to a termination or lay-off. Check your state department of labor for specific state requirements.
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Question: At this job all worked out well, but at my last job, I gave my two weeks notice, and they told me to get out that day. This really screwed me up, because I wasn't starting my next job for two weeks. I was out that salary. How does one protect one's self yet also do the right thing with the notice?
My accountant has advised me to always have a rainy day fund for just such an occurence.I've been a consultant for 40 years now and hearing this is nothing new to my ears. Having a monetary cushion albeit a small one does give one comfort and confidence in that situation. You must adjust your own budget not to spend every last dime each paycheck. Only then will you begin to manage your life better... Good luck I know you will will find something better. It always works out that way...or er almost always anyhow!