Legal Question in Employment Law in New Jersey

Ample Notice Given

I work in New Jersey. I am planning on giving my employer 4 weeks notice of my intention to leave. In the past, my company would tell people who had given notice that they don't need to work the 2 or 4 weeks, whichever was offered by the employee and they were asked to leave immediately. My question is this... If I give 4 weeks notice and my employer asks or tells me to leave immediately, is my employer required to pay me for the time that I offered to work (4 weeks)? Any help will be appreciated.

Asked on 9/10/08, 4:52 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: Ample Notice Given

Absent a contractual relationship, express or implied, there is no obligation on your part to give notice and there is no obligation on your employer's part to let you continue working. Of course, if the employer does let you continue to work, you must be paid for the time.

A contract does not have to be complete to be binding. For example, may "employee manuals" or company policies condition a few week's severance pay on the giving of notice. If that applies to you then, in the normal case, the giving of notice and undertaking to keep working through the notice perior would be sufficient to obligate the employer to pay you for the period whether or not you are required to work.

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Answered on 9/10/08, 5:47 pm

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