Asked in Employment Law for New York

Q: Can they legally do this?

Gave my two weeks to my job Thursday they accepted it the schedule for the next week was out. Went in to work my next shift and was told I could go home and they mailed my check. My coworker said they took down the old schedule and removed me from the schedule. I called my boss no one has answered or reached out to me. Legally do they have to pay me for the week I was scheduled that they just took away? And legally can they just decide to fire me after giving my two weeks. Mind you I didn’t work until three days after my two weeks were given and I needed that last paycheck

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1 Lawyer Answer

V. Jonas Urba

PREMIUM
Answered
  • Tarrytown, NY
  • Licensed in New York

A: If you gave 2 weeks notice of your resignation your employer has to pay you for 2 weeks or they risk losing your presumed application for unemployment benefits.

If you apply for unemployment benefits and are denied there will be an analysis of gross misconduct to decide whether you qualify. Quitting a job usually results in denial of unemployment benefits. However if notice is given to your employer and the employer fails to pay for the notice period then your willful resignation shifts to the employer's willful failure to pay for the notice period. However, if your employer can show that it would have fired you anyway for gross misconduct then the employer will not have to pay for any unworked hours by you nor will it be responsible for unemployment benefits.

Retain an employment lawyer now! What might appear to be a rudimentary analysis can become a time consuming and extended nightmare. Unless you already had another job lined up, and the above becomes more or less irrelevant.

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