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    How much notice to give an employer?

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    • scottalanmillerS
      scottalanmiller @Dashrender
      last edited by

      @Dashrender said in How much notice to give an employer?:

      so fire them, pay unemployment and move on. What's the big deal? Assuming you want them gone the moment they hand in their notice.

      If that's what you want, why not just pay them the two weeks and ask them to stay home? You pay less, let them quit, take on no risk and are a good employer. Every decent company works this way, and every enterprise that I've ever heard of. HR will never let you fire people after they put in notice, that's a disaster.

      1 Reply Last reply Reply Quote 0
      • scottalanmillerS
        scottalanmiller @DustinB3403
        last edited by

        @DustinB3403 said in How much notice to give an employer?:

        @Dashrender said in How much notice to give an employer?:

        @scottalanmiller said in How much notice to give an employer?:

        @DustinB3403 said in How much notice to give an employer?:

        I've heard of cases were a person was leaving their job, and forced to take PTO for the 2 weeks, consuming the PTO.

        Tricked, not forced. You can't be forced to take PTO, not unless you signed an agreement ahead of time that agreed to that and even then it's questionable.

        Maybe neither - send you home without pay. I hear about shops that close for 2 weeks over holidays. Those shops tell the employees, you have two options, use vacation time to get paid, or go without pay.

        Are you saying this is illegal?

        I've experienced this at one of my first jobs. It was the oddest thing (being a kid and not knowing what the heck was occurring) Ok the business is closing for these 2 weeks, take PTO (which still seems odd) or don't get paid.

        "Hey we're closing the business for two weeks, your technically fired for this time, with a guaranteed restart date, but you can use PTO and still get a check..."

        Um no pay me for unemployment, and continue my PTO when the business starts back up.

        It's not fired, it's laid off. They are legally two different things. They might feel the same to you but they are totally different on a reference check, on a resume, in an interview and to the government. Being fired means that you were at fault, being laid off means the company was at fault.

        DustinB3403D 1 Reply Last reply Reply Quote 0
        • DustinB3403D
          DustinB3403 @scottalanmiller
          last edited by

          @scottalanmiller said in How much notice to give an employer?:

          @DustinB3403 said in How much notice to give an employer?:

          @Dashrender said in How much notice to give an employer?:

          @scottalanmiller said in How much notice to give an employer?:

          @DustinB3403 said in How much notice to give an employer?:

          I've heard of cases were a person was leaving their job, and forced to take PTO for the 2 weeks, consuming the PTO.

          Tricked, not forced. You can't be forced to take PTO, not unless you signed an agreement ahead of time that agreed to that and even then it's questionable.

          Maybe neither - send you home without pay. I hear about shops that close for 2 weeks over holidays. Those shops tell the employees, you have two options, use vacation time to get paid, or go without pay.

          Are you saying this is illegal?

          I've experienced this at one of my first jobs. It was the oddest thing (being a kid and not knowing what the heck was occurring) Ok the business is closing for these 2 weeks, take PTO (which still seems odd) or don't get paid.

          "Hey we're closing the business for two weeks, your technically fired for this time, with a guaranteed restart date, but you can use PTO and still get a check..."

          Um no pay me for unemployment, and continue my PTO when the business starts back up.

          It's not fired, it's laid off. They are legally two different things. They might feel the same to you but they are totally different on a reference check, on a resume, in an interview and to the government. Being fired means that you were at fault, being laid off means the company was at fault.

          Verbiage issues aside, do you agree that the employer can't tell you to use PTO to receive a check in the scenario? That they should be paying you through Unemployment insurance.

          scottalanmillerS 1 Reply Last reply Reply Quote 0
          • scottalanmillerS
            scottalanmiller @DustinB3403
            last edited by

            @DustinB3403 said in How much notice to give an employer?:

            @scottalanmiller said in How much notice to give an employer?:

            @DustinB3403 said in How much notice to give an employer?:

            @Dashrender said in How much notice to give an employer?:

            @scottalanmiller said in How much notice to give an employer?:

            @DustinB3403 said in How much notice to give an employer?:

            I've heard of cases were a person was leaving their job, and forced to take PTO for the 2 weeks, consuming the PTO.

            Tricked, not forced. You can't be forced to take PTO, not unless you signed an agreement ahead of time that agreed to that and even then it's questionable.

            Maybe neither - send you home without pay. I hear about shops that close for 2 weeks over holidays. Those shops tell the employees, you have two options, use vacation time to get paid, or go without pay.

            Are you saying this is illegal?

            I've experienced this at one of my first jobs. It was the oddest thing (being a kid and not knowing what the heck was occurring) Ok the business is closing for these 2 weeks, take PTO (which still seems odd) or don't get paid.

            "Hey we're closing the business for two weeks, your technically fired for this time, with a guaranteed restart date, but you can use PTO and still get a check..."

            Um no pay me for unemployment, and continue my PTO when the business starts back up.

            It's not fired, it's laid off. They are legally two different things. They might feel the same to you but they are totally different on a reference check, on a resume, in an interview and to the government. Being fired means that you were at fault, being laid off means the company was at fault.

            Verbiage issues aside, do you agree that the employer can't tell you to use PTO to receive a check in the scenario? That they should be paying you through Unemployment insurance.

            Can you get paid unemployment for only two weeks out of work? I'm not sure that you can. The employer is perfectly allowed to say what they said assuming that they didn't lie. Offering you PTO during a furlough is allowed.

            travisdh1T 1 Reply Last reply Reply Quote 0
            • BrainsB
              Brains @scottalanmiller
              last edited by Brains

              @scottalanmiller said in How much notice to give an employer?:

              @Dashrender said in How much notice to give an employer?:

              In "at will" states, the firing without cause is pretty much meaningless,

              I don't know who is telling you this stuff but it's totally false. First, nearly all states are effectively at will. Those that are not, are basically at will. The US is nearly an at will country. Firing is ALWAYS meaningful, VERY meaningful. When you fire someone, YOU are the deciding factor, not them. You can never claim that they quit, you can never claim that you fired them for cause, you can never not pay unemployment for them. It's a very, very big deal.

              Unfortunately it doesnt always work out the way it should. I got fired from a job because I was starting college classes even though during my interview they agreed to work with me on my schedule. I had communicated with them regarding availability before scheduling my classes and they just told me to let them know when I got my schedule. I had been there 6-8 months and was one of their top performers. They changed their story 3 times (after i successfully proved them untruthful each time) during the unemployment process & appeal. They didn't even show up for the appeal and I still lost. I even had to file a Texas Wage Complaint because they tried to hold on to my check too long.

              scottalanmillerS 1 Reply Last reply Reply Quote 0
              • MattSpellerM
                MattSpeller
                last edited by

                Fairly typical in IT to get walked out immediately after giving notice so I'd say give them as much as you can. They have to pay you out for it.

                bbigfordB scottalanmillerS 2 Replies Last reply Reply Quote 3
                • bbigfordB
                  bbigford @MattSpeller
                  last edited by

                  @MattSpeller said in How much notice to give an employer?:

                  Fairly typical in IT to get walked out immediately after giving notice so I'd say give them as much as you can. They have to pay you out for it.

                  Can I tell them I'm leaving in 2 years then? Do I get paid for all that time and still get walked out?

                  MattSpellerM scottalanmillerS 2 Replies Last reply Reply Quote 0
                  • MattSpellerM
                    MattSpeller @bbigford
                    last edited by MattSpeller

                    @BBigford said in How much notice to give an employer?:

                    @MattSpeller said in How much notice to give an employer?:

                    Fairly typical in IT to get walked out immediately after giving notice so I'd say give them as much as you can. They have to pay you out for it.

                    Can I tell them I'm leaving in 2 years then? Do I get paid for all that time and still get walked out?

                    Well, not if I was your boss... but you never know.

                    1 Reply Last reply Reply Quote 1
                    • scottalanmillerS
                      scottalanmiller @Brains
                      last edited by

                      @Brains said in How much notice to give an employer?:

                      @scottalanmiller said in How much notice to give an employer?:

                      @Dashrender said in How much notice to give an employer?:

                      In "at will" states, the firing without cause is pretty much meaningless,

                      I don't know who is telling you this stuff but it's totally false. First, nearly all states are effectively at will. Those that are not, are basically at will. The US is nearly an at will country. Firing is ALWAYS meaningful, VERY meaningful. When you fire someone, YOU are the deciding factor, not them. You can never claim that they quit, you can never claim that you fired them for cause, you can never not pay unemployment for them. It's a very, very big deal.

                      Unfortunately it doesnt always work out the way it should. I got fired from a job because I was starting college classes even though during my interview they agreed to work with me on my schedule. I had communicated with them regarding availability before scheduling my classes and they just told me to let them know when I got my schedule. I had been there 6-8 months and was one of their top performers. They changed their story 3 times (after i successfully proved them untruthful each time) during the unemployment process & appeal. They didn't even show up for the appeal and I still lost. I even had to file a Texas Wage Complaint because they tried to hold on to my check too long.

                      You lost a state level appeal without them even showing up? That's just corruption, doesn't change what the law is. That's insane, but that's how Texas works. There is serious corruption there. But that's what you are dealing with, likely someone on the board was paid off.

                      1 Reply Last reply Reply Quote 0
                      • scottalanmillerS
                        scottalanmiller @bbigford
                        last edited by

                        @BBigford said in How much notice to give an employer?:

                        @MattSpeller said in How much notice to give an employer?:

                        Fairly typical in IT to get walked out immediately after giving notice so I'd say give them as much as you can. They have to pay you out for it.

                        Can I tell them I'm leaving in 2 years then? Do I get paid for all that time and still get walked out?

                        Yes, if they don't want to have to fire you. If they fire you, they have to pay unemployment. I've definitely given years out notice before, never got walked out, though.

                        1 Reply Last reply Reply Quote 0
                        • scottalanmillerS
                          scottalanmiller @MattSpeller
                          last edited by

                          @MattSpeller said in How much notice to give an employer?:

                          Fairly typical in IT to get walked out immediately after giving notice so I'd say give them as much as you can. They have to pay you out for it.

                          I don't know many good shops that walk you out. That's very much a mom and pop shop thing to do.

                          IRJI 1 Reply Last reply Reply Quote 0
                          • C
                            Carnival Boy
                            last edited by

                            2 weeks? Blimey! That doesn't give the company much time to organise a replacement, does it? In the UK, at least a month is standard for salaried employees. In my last job I had to give 3 months notice.

                            DashrenderD scottalanmillerS 2 Replies Last reply Reply Quote 0
                            • travisdh1T
                              travisdh1 @scottalanmiller
                              last edited by

                              @scottalanmiller said in How much notice to give an employer?:

                              @DustinB3403 said in How much notice to give an employer?:

                              @scottalanmiller said in How much notice to give an employer?:

                              @DustinB3403 said in How much notice to give an employer?:

                              @Dashrender said in How much notice to give an employer?:

                              @scottalanmiller said in How much notice to give an employer?:

                              @DustinB3403 said in How much notice to give an employer?:

                              I've heard of cases were a person was leaving their job, and forced to take PTO for the 2 weeks, consuming the PTO.

                              Tricked, not forced. You can't be forced to take PTO, not unless you signed an agreement ahead of time that agreed to that and even then it's questionable.

                              Maybe neither - send you home without pay. I hear about shops that close for 2 weeks over holidays. Those shops tell the employees, you have two options, use vacation time to get paid, or go without pay.

                              Are you saying this is illegal?

                              I've experienced this at one of my first jobs. It was the oddest thing (being a kid and not knowing what the heck was occurring) Ok the business is closing for these 2 weeks, take PTO (which still seems odd) or don't get paid.

                              "Hey we're closing the business for two weeks, your technically fired for this time, with a guaranteed restart date, but you can use PTO and still get a check..."

                              Um no pay me for unemployment, and continue my PTO when the business starts back up.

                              It's not fired, it's laid off. They are legally two different things. They might feel the same to you but they are totally different on a reference check, on a resume, in an interview and to the government. Being fired means that you were at fault, being laid off means the company was at fault.

                              Verbiage issues aside, do you agree that the employer can't tell you to use PTO to receive a check in the scenario? That they should be paying you through Unemployment insurance.

                              Can you get paid unemployment for only two weeks out of work? I'm not sure that you can. The employer is perfectly allowed to say what they said assuming that they didn't lie. Offering you PTO during a furlough is allowed.

                              You can in Ohio, not sure, that may vary by state. You don't get the first week, but the second week you would get paid for, just like the normal system. You do have to make at least the motions of apply for at least one job a week if my second hand information is correct.

                              1 Reply Last reply Reply Quote 0
                              • J
                                Jason Banned @Brains
                                last edited by

                                @Brains said in How much notice to give an employer?:

                                @IRJ said in How much notice to give an employer?:

                                2 weeks is what you give every time. No more, no less.

                                Every new employer will appreciate this and understand the two weeks notice.

                                As far as the employer you are leaving may beg for 3 weeks or a month. In my opinion you have no right to abide by this. By giving your two weeks you are already showing them a grace period. Employers have no problem laying people off without any grace period so never feel obligated to give any more time. Many times employers will walk IT out the door the same day anyway.

                                My employer requires 1 month of notice otherwise you are not paid out your Earned Time (Vacation days)

                                We don't get paid for earned time regardless when you leave. You use it or loose it.

                                travisdh1T scottalanmillerS 2 Replies Last reply Reply Quote 0
                                • travisdh1T
                                  travisdh1 @Jason
                                  last edited by

                                  @Jason said in How much notice to give an employer?:

                                  @Brains said in How much notice to give an employer?:

                                  @IRJ said in How much notice to give an employer?:

                                  2 weeks is what you give every time. No more, no less.

                                  Every new employer will appreciate this and understand the two weeks notice.

                                  As far as the employer you are leaving may beg for 3 weeks or a month. In my opinion you have no right to abide by this. By giving your two weeks you are already showing them a grace period. Employers have no problem laying people off without any grace period so never feel obligated to give any more time. Many times employers will walk IT out the door the same day anyway.

                                  My employer requires 1 month of notice otherwise you are not paid out your Earned Time (Vacation days)

                                  We don't get paid for earned time regardless when you leave. You use it or loose it.

                                  If you're in the US, that is highly illegal. Nothing different that stealing your wallet.

                                  J 1 Reply Last reply Reply Quote 0
                                  • IRJI
                                    IRJ @scottalanmiller
                                    last edited by

                                    @scottalanmiller said in How much notice to give an employer?:

                                    @MattSpeller said in How much notice to give an employer?:

                                    Fairly typical in IT to get walked out immediately after giving notice so I'd say give them as much as you can. They have to pay you out for it.

                                    I don't know many good shops that walk you out. That's very much a mom and pop shop thing to do.

                                    I know they do that in the defense industry.

                                    scottalanmillerS 1 Reply Last reply Reply Quote 0
                                    • J
                                      Jason Banned @travisdh1
                                      last edited by

                                      @travisdh1 said in How much notice to give an employer?:

                                      @Jason said in How much notice to give an employer?:

                                      @Brains said in How much notice to give an employer?:

                                      @IRJ said in How much notice to give an employer?:

                                      2 weeks is what you give every time. No more, no less.

                                      Every new employer will appreciate this and understand the two weeks notice.

                                      As far as the employer you are leaving may beg for 3 weeks or a month. In my opinion you have no right to abide by this. By giving your two weeks you are already showing them a grace period. Employers have no problem laying people off without any grace period so never feel obligated to give any more time. Many times employers will walk IT out the door the same day anyway.

                                      My employer requires 1 month of notice otherwise you are not paid out your Earned Time (Vacation days)

                                      We don't get paid for earned time regardless when you leave. You use it or loose it.

                                      If you're in the US, that is highly illegal. Nothing different that stealing your wallet.

                                      It's actually not. They only pay for earned time that is over 120hrs.

                                      Read more here on point 3: https://www.workplacefairness.org/final-pay#3

                                      DashrenderD scottalanmillerS 2 Replies Last reply Reply Quote 0
                                      • DashrenderD
                                        Dashrender @Carnival Boy
                                        last edited by

                                        @Carnival-Boy said in How much notice to give an employer?:

                                        2 weeks? Blimey! That doesn't give the company much time to organise a replacement, does it? In the UK, at least a month is standard for salaried employees. In my last job I had to give 3 months notice.

                                        Had to, as in it is the law? Or did you have an employment contract stating you had to give 3 months notice?

                                        What if you just walked in and quit, could they somehow force you to work 3 months?

                                        C 1 Reply Last reply Reply Quote 1
                                        • DashrenderD
                                          Dashrender @Jason
                                          last edited by

                                          @Jason said in How much notice to give an employer?:

                                          @travisdh1 said in How much notice to give an employer?:

                                          @Jason said in How much notice to give an employer?:

                                          @Brains said in How much notice to give an employer?:

                                          @IRJ said in How much notice to give an employer?:

                                          2 weeks is what you give every time. No more, no less.

                                          Every new employer will appreciate this and understand the two weeks notice.

                                          As far as the employer you are leaving may beg for 3 weeks or a month. In my opinion you have no right to abide by this. By giving your two weeks you are already showing them a grace period. Employers have no problem laying people off without any grace period so never feel obligated to give any more time. Many times employers will walk IT out the door the same day anyway.

                                          My employer requires 1 month of notice otherwise you are not paid out your Earned Time (Vacation days)

                                          We don't get paid for earned time regardless when you leave. You use it or loose it.

                                          If you're in the US, that is highly illegal. Nothing different that stealing your wallet.

                                          It's actually not. They only pay for earned time that is over 120hrs.

                                          Read more here on point 3: https://www.workplacefairness.org/final-pay#3

                                          I didn't see anything in there about 120 hours, only a listing of states where paying accrued vacation is state law. I'm guessing you're not in one of those states?

                                          J scottalanmillerS 2 Replies Last reply Reply Quote 1
                                          • J
                                            Jason Banned @Dashrender
                                            last edited by

                                            @Dashrender said in How much notice to give an employer?:

                                            @Jason said in How much notice to give an employer?:

                                            @travisdh1 said in How much notice to give an employer?:

                                            @Jason said in How much notice to give an employer?:

                                            @Brains said in How much notice to give an employer?:

                                            @IRJ said in How much notice to give an employer?:

                                            2 weeks is what you give every time. No more, no less.

                                            Every new employer will appreciate this and understand the two weeks notice.

                                            As far as the employer you are leaving may beg for 3 weeks or a month. In my opinion you have no right to abide by this. By giving your two weeks you are already showing them a grace period. Employers have no problem laying people off without any grace period so never feel obligated to give any more time. Many times employers will walk IT out the door the same day anyway.

                                            My employer requires 1 month of notice otherwise you are not paid out your Earned Time (Vacation days)

                                            We don't get paid for earned time regardless when you leave. You use it or loose it.

                                            If you're in the US, that is highly illegal. Nothing different that stealing your wallet.

                                            It's actually not. They only pay for earned time that is over 120hrs.

                                            Read more here on point 3: https://www.workplacefairness.org/final-pay#3

                                            I didn't see anything in there about 120 hours, only a listing of states where paying accrued vacation is state law. I'm guessing you're not in one of those states?

                                            Yes, I'm not. Scott was saying it's federal law which it's not.

                                            120hrs isn't law just our company policy.

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