Legal Question in Employment Law in New Jersey

Resignation Question

I am planning on resigning from my company and giving them two weeks notice. At some point during my last two weeks (after notice), my company is likely going to be doing layoffs. Can my company lay me off after I have given notice? Do they have to pay me for that two weeks since I am giving them the proper notice?


Asked on 9/15/04, 12:30 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Resignation Question

You do not indicate whether you have a written employment agreement, are a union member covered by a collective bargaining agreement, or other facts which might be relevant.

If you are not covered by an employment agreement or contract of some kind, then you would be considered an "at will" employee.

An "at will" relationship means either the employee, or the employer, can terminate the relationship "at will."

While two weeks' notice (and often more) is customary, unless there is some agreement requiring your employer to give you two weeks' notice, or some applicable stautory law or regulation requiring notice, then your employer does not have to give you two weeks' notice.

I suggest you retain an attorney if you feel you need legal advice about your particular situation, as your attorney would need to ask you specific questions to get more information in order to guide you.

Please contact me if you would like to discuss retaining my services.

Alan S. Albin, Esq.

973-605-8995

[email protected]

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Answered on 9/15/04, 12:47 pm


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