• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

2-weeks notice cut short

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

blackcat342

Guest
What is the name of your state?
Wisconsin

A friend of mine recently quit his job at an at-will employer. He gave them two-weeks notice, and had it set up so that his last week was all floating holidays, which are like vacation pay except that they don't get paid out upon termination. He also had a doctor's appointment already scheduled for the beginning of that last week. At the end of the week before his last week, he asked his supervisors if he should just turn in his ID card and things then and save a trip, since his last week before his quit date was all floating holidays. They said that would be fine, and that it wouldn't change anything. He goes to the doctor, goes on vacation, comes back home and receives his last paycheck, and the week of floating holidays is missing. He talks to HR and they say that they marked down his termination as the Friday when he turned in his ID card, instead of his quit date at the end of the next week. They paid out the floating holidays without much fuss, but refused to change the termination date, because they said it was company policy that the last day you actually work is your last day of employment, regardless of vacation time or sick time after that day. Also, they claimed that turning in his ID card was the same as resigning on the spot. So his insurance coverage ended the Friday before his Monday appointment, instead of at the end of his 2 weeks. He could take COBRA, but it would cost more than paying the bill out of pocket. If his insurance had been terminated on the correct date, he wouldn't have had to pay anything more than a copay.

Is there anything he can do to get his termination date fixed? Does the two-week notice give him any protections from at-will employment? How about the fact that they paid out the floating holidays, which must be used before termination? As a side note, we have another friend who took two weeks of vacation and then quit when he came back, and his termination was dated back to before his vacation time. Is that policy legal?
 


JETX

Senior Member
"Is there anything he can do to get his termination date fixed?"
*** Nope. His employer simply accelerated his notice and terminated him at their convenience... not his.

"Does the two-week notice give him any protections from at-will employment?"
*** Nope.

"How about the fact that they paid out the floating holidays, which must be used before termination?"
*** Sounds very nice of them to have granted him that benefit. But doesn't obligate them further.

"As a side note, we have another friend who took two weeks of vacation and then quit when he came back, and his termination was dated back to before his vacation time. Is that policy legal?"
*** Yep.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top