Fired after giving 2-weeks notice

[illustr8or]

New York

I gave two weeks notice. I had 3 optional holidays owed to me that I did not take. I filled out my time sheet using the optional days as the last three days of my employment (wednesday -- friday). I notified them that I was doing this. On tuesday, my last day of physically being at work, I was told I would not be getting paid for those last 3 days. They said I could be terminated at any time, so why would they pay me for three days I was not there. Are they allowed not to pay me? Was I effectively fired and can now claim unemployment? Thanks!

 

[mlane58]

They said I could be terminated at any time, so why would they pay me for three days I was not there.

Because they are not obligated under the law---If an employee has earned vacation time -- and there is no written forfeit policy, the employer must pay the employee for the accrued vacation. The law says nothing about holidays

Was I effectively fired and can now claim unemployment?

No, they accepted your resignation early, which they have a right to do. You can file for unemployment and it will be up to your state unemployment board to make that decision, but don't count on being awarded benefits as you did resign your position.

 

[gawm]

Everybody knows you put your 2 weeks in AFTER you use your sick time and holidays