Terminated after giving 2 week notice

aliciac

I had it in my head that a company could not terminate you immediately following you giving a 2 week notice. I don't know where I got this idea, but my brother in law was recently terminated from a gym where he is a personal trainer after giving his 2 week notice. He gave it at night (to the asst, manager) before leaving work and the next morning his manager had rescheduled all of his clients to other trainers and looked 'surprised' to see him there since he had quit. He explained that he hadn't quit, he had given a 2 week notice. The manager basically said 'oh well'. He contacted HR and she was disturbed by this. It got as high as the regional manager and basically stopped there. They won't let him work the 2 weeks, nor will they pay him for the wage he would have made had he stayed there. The HR person initially told him during their first conversation that he would be able to go back to work since it was a misunderstanding between the asst. manager and the manager. That has now changed as well and they're basically telling him that he's out of luck.
This is in Washington state where you can fire anyone at any time and for any reason, but at my company we pay people for their last 2 weeks if we feel they are in a sensitive position and should leave immediately. Is there any leg he has to stand on to get his pay?

Pixie

Tell him to apply for unemployment. An employer is not prohibited from releasing an employee of their duties when they give a 2 week notice. Nor is an employer obligated to pay out the two week notice if they decide to let the employee go when the notice is submitted.

SMace

Pixie is right. Tell him to apply for umemployment and follow through with all his requirements. He should get it.

Rockie

There is no law that you have to have an employee work out their notice; however,they would be eligible for unemployment.

Sometimes there are good reasons you don't want a person to work out their notice; in these instances, I always just pay them their notice.

MB1004

I agree. In WA for unemployment purposes if you let an ee go after their notice and don't pay them for their notice, whether it be a week, two, etc., then for unemployment purposes, it goes down as a term and they will get it.

Dutch2

Yep, when an ee "turns in" their two week notice you can tell them thanks and terminate tham at that time. It is up the the employer to decide if it is best to honor their last two week time period and/or whether or not to pay them for the two weeks if you decide to dismiss them immediately. The difference being, as others have said, is the ability for the now former ee to file and collect unemployment benefits. Bottom line, does the employer want this to be a dismissal or did the ee resign?
Best of luck,

Paul in Cannon Beach

My guess is that the gym wanted to prevent conversations like this:

Bro:"Hey, this is my last session with you. I am leaving next week to go to Super Body Gym."

Client:"Oh really? Is that a good gym? I have really enjoyed working with you. "

Bro: "You should check it out. Its got a sauna and the latest weight lifty stuff!"

Client: "I think I will!"

Just a guess.

HRQ

"the latest weight lifty stuff!"

x:-)

VS

Yes, the employer can term. The only "issue" the employer can have is that when word gets around regarding what happened, in the future, other employees who leave may not want to give two weeks notice. The employer then has to deal with scrambling for replacements, lack of training, etc. But for a gym, I doubt this will be an issue. Nice guys finish last!!

aliciac

Thanks everyone. I told him to get down to the unemployment office.
I'm sure the gym was trying to avoid losing customers, but unfortunately for them, he has already taken 5 people with him to his new gym )