Right to work - Notice given then terminated

System

Nevada is a right to work state. I have noticed at my place of employment that when someone gives the required 2 week notice they dismiss this person immediately. I am wondering if it is required for the company to pay you for the two weeks that you would have worked. The company has a very flexable policy on this subject.

Rockie

I don't think there is a legal obligation to pay someone in an employment at will state if you release them as soon as they give notice. Depending upon the kind of company this is, there may be good reasons for not requiring employees to work out their notices. Otherwise, most companies would pay out a notice if an employee was good enough to give the required notice unless this was a known policy of the company to do this.

System

An employer generally has the right to terminate an employee after he or she has given two weeks notice(absent some contractual obligation). In addition, the employer is not obligated to pay the worker for that two week period. You should note, however, that this practice may deter workers from giving advance notice if there is any risk that will be terminated immediately.

Attorney Editor
NV Employment Law Letter

Elaine

I am also an employer in Nevada. We do pay out the two week notice even if we let them go immediately. We look at it as a poor reflection of the company to require a two week notice of employees, then not pay them if we decide to accept immediately. What would be the incentive for an employee to give two weeks if there is the potential to be termed immediately with no pay.

smarti

I believe some positions are just to sensitive to work their notice out, and can do more harm than good by staying. I believe that is the company's discretion. While I believe in presenting a most positive image for all employees, their are just some decisions they don't need to know everything about.

MGrace

The "Right to Work Law" and "Employment at Will Rule"is as different as apples and oranges. Right to Work in general prevents anyone from requiring an employee to be associated with a labor union or employee organization in order to be employed. There are number of states that have a "Right to Work Law".
In many employment relationships absent an agreement or state or federal statutes, the "Employment at Will Rule" is still a practice. Employers in Tennessee have been governed by this rule for more than 100 years. Employment relationships for an indefinate term can be terminated at anytime "for good cause, bad cause, or no cause at all" with or without notice. As long as it is done without discrimination. However, I would advise any employer to keep good documentation. Just in case the employee tries to file a law suite for unlawful discharge. In Tennessee the employer is only required to pay the promised wage for hours worked.