Legal Question in Employment Law in New York

Giving notice

I am CFO of a company - can I pay myself to date A and then leave without giving notice? There is no signed contract.


Asked on 7/15/09, 11:55 pm

3 Answers from Attorneys

John W. DeHaan DeHaanBusse LLP

Re: Giving notice

I do not handle these types of matters. My firm's practice in this area is restricted to employee benefits litigation, and I urge you to consult with an attorney that practices in this field. However, New York is an "at will" state, meaning you can quit or your employer can fire you for any legal reason.

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Answered on 7/20/09, 11:26 am
John W. DeHaan DeHaanBusse LLP

Re: Giving notice

As an amendment to my prior answer, you cannot pay yourself for any time that you are not entitled to. That is, you pay your self through August 31, but quit and stop working July 20. As for any unused vacation or personal time, your entitlement to receive pay depends upon the company's formal policy.

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Answered on 7/20/09, 11:30 am
Randall Brett Law Office of Randall P. Brett

Re: Giving notice

New York is an employment-at-will state, so either you or your employer can end the employment relationship at any time, for any or no reason. However, you cannot pay yourself for time not yet worked. In addition, if you leave without notice you can expect your employer to give you a negative reference and could affect your ability to be bonded in the future. In any event, given that you are the CFO and (I'm assuming) have access to the company's financial assets, I suggest that you talk to an attorney before you take any action. You do not want to place yourself in a position of potentially being accused of financial misdeeds.

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Answered on 7/16/09, 7:56 am


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