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Eben
United States769 Posts
I was under the impression that you could quit anytime you wanted to and that two weeks notice was more of a formality and something you did for a place so they had time to find a replacement and fair warning, but not required. Am I wrong on this? Is it legal for his workplace to say "work another week or we are keeping half your check" (The check being for hours that he has already worked) (Please note this is in the US)  | ||
Empyrean
17050 Posts
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Nokarot
United States1410 Posts
Two weeks notice has always been kind of a courtesy, to my knowledge. Leaving without it burns bridges and generally doesn't allow you to have a letter of recommendation, let alone a former supervisor to call for future employers. | ||
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CheAse
Canada919 Posts
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ehcg
Canada41 Posts
Here in Canada it is provincially regulated. s. 58 of the Alberta Employment Standards Code provides: Termination of employment by an employee 58(1) Except as otherwise provided in subsection (2), to terminate employment an employee must give the employer a written termination notice of at least (a) one week, if the employee has been employed by the employer for more than 3 months but less than 2 years, or (b) 2 weeks, if the employee has been employed by the employer for 2 years or more. and then a long list of exceptions. It is very likely that your state (if it is a state matter) or the federal government has an accessible website explaining employment standard laws. I'd recommend using your google-fu to check quickly. | ||
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QuanticHawk
United States32130 Posts
On October 08 2010 04:49 Empyrean wrote: I find it highly suspect, but there might have been something in his contract that he signed that makes it legal. :/ yeah check that first, but also, they know that he'd have to go through hoops to legally get that.... i mean, you could call whatever local or state authority it is that protects those rights and scare them, but you are also probably making sure that bridge is burnt for future references. Unless you've really been wronged, it's best to 2 week it and not be a douchebag, because that's a huge pain in the ass for the employer. If you're applying to a new job, it varies by state, but your ex boss may legally be able to give input about what he thought about your buddy, and it won't be pleasant if he leaves without 2 weeks. | ||
tofucake
Hyrule19193 Posts
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ehcg
Canada41 Posts
Again, consult state law. | ||
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Iakya
United States7 Posts
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haaduken
United States41 Posts
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Aim Here
Scotland672 Posts
On October 08 2010 04:45 Eben wrote: So here's a question for anyone who knows. A friend of mine has been working at job that is 55 hours a week and at a crappy place, he wants to quit this job.. He tried to quit today and they said they would take a chunk of his paycheck unless he worked another week before quitting. I was under the impression that you could quit anytime you wanted to and that two weeks notice was more of a formality and something you did for a place so they had time to find a replacement and fair warning, but not required. Am I wrong on this? Is it legal for his workplace to say "work another week or we are keeping half your check" (The check being for hours that he has already worked) (Please note this is in the US) Don't know how it works in the US, but here in the UK, the smart tactic to use against an employer who defaults paying an employee is not to take them to an employment tribunal, but to inform the taxman. See, here in the UK, income tax is usually paid by the employer to the government out of the employee's wages and if an employer isn't paying YOU the wages he owes you, he isn't paying the government the tax he owes them. The courts designed for enforcing employment law are relatively toothless - they're generally civil courts and of course you need to provide your own legal representation, and at the end of the day the employer is likely going to be made to pay up, so it doesn't hurt him any more than paying you in the first place. But when the Inland Revenue hears they're not getting their money, then it's the government's lawyers on the case, and the case is 'tax evasion' and it's held in the criminal courts, and the employer could easily find himself going to jail. Naturally, that's MUCH more effective at scaring the bastards into paying up. I don't know if this is of any help with the American system, but I figure I'd mention it, just in case it helps. | ||
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Cauld
United States350 Posts
On October 08 2010 05:22 tofucake wrote: Withholding pay earned is illegal. Contract or not. All they have to do is phrase their pay as 7.25/hour + 7.25/hour bonus. Then they can simply withhold the 'bonus' portion of a check. I would imagine that this is how they do it. | ||
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kingcoyote
United States546 Posts
If your friend is in a similar situation, where he owes the company money for any reason, then they may be within their rights to simply collect it out of his last check. | ||
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Michaelj
United States186 Posts
On October 08 2010 06:19 haaduken wrote: 2 weeks notice is required to be given if the company fires you. Employees do not need to give 2 weeks notice if they decide to quit. Even if they tell you not to come, they have to pay you for 2 weeks. That is not true, at least in the United States. They just pack up your stuff and tell you to go. Do you think they really want to give someone they fired two weeks two poke around to see what kind of client information / proprietary databases they can memorize/sneak out? Not to mention the demoralizing aspect of your co-workers having to work next to someone who has just been fired. The 2 weeks notice is when you quit, so that you allow your company to transition someone else into your role, and so you can train that person, etc etc. Obviously you can rage-quit, but it burns bridges | ||
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Danger_Duck
Burkina Faso571 Posts
In general it's courtesy to give 2 weeks notice, though. | ||
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dRaW
Canada5744 Posts
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Manifesto7
Osaka27162 Posts
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geometryb
United States1249 Posts
On October 08 2010 04:45 Eben wrote: So here's a question for anyone who knows. A friend of mine has been working at job that is 55 hours a week and at a crappy place, he wants to quit this job.. He tried to quit today and they said they would take a chunk of his paycheck unless he worked another week before quitting. I was under the impression that you could quit anytime you wanted to and that two weeks notice was more of a formality and something you did for a place so they had time to find a replacement and fair warning, but not required. Am I wrong on this? Is it legal for his workplace to say "work another week or we are keeping half your check" (The check being for hours that he has already worked) (Please note this is in the US) they are not allowed to do that. they have to pay him for work he has done. additionally, they can't make him work past 40 hours a week without overtime. consult his job offer paperwork. he can always report his employers (or threaten to) to the department of labor or some sort of labor board. | ||
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