Legal Question in Employment Law in New Jersey

Can my employer deny me 2 weeks severance once I give my 2 week written notice?

Hello, I recently gave a written 2 week notice to my employer. They then asked me to leave immeditaly and told me I would not receive my 2 weeks pay (I guess not accepting my 2 week notice). Is this legal? I am now out of 2 weeks pay until I start my next job...

Thanks


Asked on 9/23/06, 5:30 pm

2 Answers from Attorneys

Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: Can my employer deny me 2 weeks severance once I give my 2 week written notice?

As Mr. Weicker said, you are not entitled to severence pay. Severence pay is paid by employers when THEY terminate the relationship. You are giving two weeks notice as a courtesy, so as not to leave your employer in the lurch. Many employers, who are not in an emergency position, will discharge you immediately, because they question your motivation and loayalty for continuing.

Finally, I disagree with the notion that you may collect unemployment for that two week period. Unless your quitting was actually a constructive discharge of some kind, you are not entitled to unemployment insurance for voluntary termination.

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Answered on 9/24/06, 10:38 am

Re: Can my employer deny me 2 weeks severance once I give my 2 week written notice?

Unfortunately, yes. New Jersey is an employment at will state. This means that an employer does not need a reason to terminate an employee. Unless you had a contract or collective bargaining agreement guaranteeing you severance or requiring two weeks notice, you will only be entitled to claim unemployment for that period.

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Answered on 9/23/06, 5:38 pm


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