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Q: legal resignation notice ( No Answer,   3 Comments )
Question  
Subject: legal resignation notice
Category: Relationships and Society > Law
Asked by: benitoaz-ga
List Price: $20.00
Posted: 23 Jul 2004 22:12 PDT
Expires: 05 Oct 2004 10:56 PDT
Question ID: 378431
what is the maximum notice time when you want to resign?
(USA, no employment contract, 10 years experience engineer, at will)

What if you give, in your resignation letter to your employer, 2
months (or whatever max duration) and they do want to keep you for
that long:
Are they oblige to pay you for that duration if they want to fire you
the day you resign?

any legal web site with resignation info will be appreciated

Thanks

Clarification of Question by benitoaz-ga on 24 Jul 2004 08:11 PDT
My state is Arizona.
Answer  
There is no answer at this time.

Comments  
Subject: Re: legal resignation notice
From: crythias-ga on 24 Jul 2004 00:04 PDT
 
IANAL, and it depends on your state. In general, your employment is
at-will. Most employment policies state (on Employer side) "Not a
contract. Your employment can be terminated for any reason at any
time." It's always not that simple, though, because some companies are
legal-shy, so they document infractions just in case the terminated
employee might file for unlawful termination, including violations of
the Equal Employment Discrimination laws.

Once you have submitted your resignation (again, depending on your
state), you've effectively quit. An employer's obligation is to pay
for your work until the position is terminated. But they don't have
any obligation to keep you for your time you've given. Two weeks is
customary (but not obligatory!)... two months... you're a distraction
from the team. It's best generally to terminate employment rather than
continue with a person that "everyone" knows is going to leave anyway.

Also, no, unless you have a written contract indicating you're
entitled to money for early termination of employment during a
resignation (who has this?), the employer isn't obligated to give you
anything except paycheck for time worked, and possibly, accumulated
sick time. I mean, that's a scam I want! Hm. Here's my resignation
letter. I want to leave in 6 months. Please fire me now. Oh, and btw,
please give me 6 months of pay :).
Subject: Re: legal resignation notice
From: research_help-ga on 26 Jul 2004 06:43 PDT
 
By law, you are really entitled to nothing. They can fire you the day
you give notice. However, many companies, especially larger ones, have
employee manuals which are as effective as a "contract." Many manuals
will state that if you give them 2 weeks notice, even if they decide
to ask you to leave immediately, they will pay you for the 2 weeks. 
This rule helps both sides as it gives the company 2 weeks notice of
an empty position and encourages the employee to give notice without
fear of being fired on the spot.
Subject: Re: legal resignation notice
From: benitoaz-ga on 27 Jul 2004 09:44 PDT
 
Is there a legal web site or any link that reference to what you mention..
"By law, you are really entitled to nothing. They can fire you the day
you give notice"
Thanks

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