Can an employer cease your salary if you do not provide enough notice before resigning?

29 Comments

1. AnonymousDecember 13,2022 at 7:39PM UTC

   I've never heard of this before! I'd check with the labor laws of the state where your employer is based to confirm if this is legal or not. You also should check your company's internal policy as well. Good luck!

2. AnonymousDecember 13,2022 at 9:38PM UTC

   That's one thing to check in the employee handbook before you decide to make that move. Check with either your HR department or an employment lawyer.

3. AnonymousDecember 14,2022 at 2:17PM UTC

   there’s no need to check with your employer or a lawyer I’ve been in HR for 40 years I’ve seen lawsuits you cannot withhold pay even if the employee ran up a $1400 phone bill which in fact someone did and we still had to pay them because they were working those days and then sue for the $1400 so this is wrong information do not approach your employer

   this is posted somewhere you’ll find it on the Internet probably under labor laws if you need support, but you can even call the number available and they were people to answer questions about labor, but this is fact

4. Cyndi RosenblattDecember 13,2022 at 11:21PM UTC

   They can't refuse to pay you for time worked (in the US, at least), but they can tell you they don't need your services anymore and refuse to let you work out your notice period (and therefore not pay you for time you aren't working). If you have unused leave, whether you get paid for any of it depends on the employer. Ask the HR department if you have questions.

5. Julie WozniakDecember 15,2022 at 1:44PM UTC

   This is absolutely 100% correct! So….the short answer to the big headliner question is……

   NO.

6. AnonymousDecember 14,2022 at 2:15PM UTC

   Cyndi is if you worked during those two weeks you are entitled to pay by law if they withhold it, you can report them and they could be fined. Plus you could get more than what your pay was.

7. AnonymousDecember 14,2022 at 2:39PM UTC

   Assuming you are in the United States, labor laws will not allow an employer to withhold pay for time worked. Most states allow the employer to choose how to handle PTO (vacation, sick, and personal time). Some states may require they pay accrued PTO, so check with your state's department of labor if this is your issue.

8. Marlane LordDecember 15,2022 at 1:16PM UTC

   Besides the law protecting you from lost pay for hours worked, salaried employees need to review any company policies or contracts signed before resigning to make sure you give proper notice.

9. AnonymousDecember 15,2022 at 1:29PM UTC

   Despite company policies, it’s wage theft. You are not required to give notice - you may lose accrued pto or other benefits but if you worked, you get paid a final paycheck for bonafide hours worked. You may not get accrued PtO, check your state regs. 2 wks notice is a lie, it’s a courtesy that the employer tries to enforce. Remember. An employer won’t give an employee 2 wks notice if they are getting kicked to the curb.

10. Hold on Lee LouDecember 15,2022 at 1:35PM UTC

    That entirely depends on where you live and what kinds of contracts you did or didn't sign. If you signed a contract, comb through it and/or send it to an employment attorney for review. If you did not sign a contract, check with the labor laws for your area. Here in the US, many states are "at-will" or "Right to Work" states that offer little protection against firing without notice, but employees are not required to give extended notice about quitting either.

11. Julie WozniakDecember 15,2022 at 1:40PM UTC

    No.

12. GirlBossanova934974December 15,2022 at 1:43PM UTC

    Unless your employer has given you notice that your employment has ended on such and such date, you MUST be paid for time worked. Period! IF there is any pushback from your employer, please contact your State Employment Office and file a wage claim. The State Employment office will send out a notice to the employer. If it gets this far, a hearing will be held in 30-60 days. Most employers once they get the notice in the mail figure the gig is up and it's time to pay.

13. EvDecember 15,2022 at 1:52PM UTC

    Bottom line-an employer must pay you for any hours worked. This being said, an employer can render a resignation immediately and designate your last day. So, suppose you resign and designate your last day in a week or two weeks. Your employer can accept your resignation and make it immediate-like the day you notify of your resignation. If this is the case, you would be paid for the last day you worked, and your salary "ends" when your employer designates.

14. SuzWahooDecember 15,2022 at 2:05PM UTC

    I think people have a misconception that pay of salaried exempt employees cannot be reduced. In many cases that is true. However, the Fair Labor Standards Act (FLSA) provides a few instances when that salary can be reduced, including the first or last week of work, so if you leave after working Monday and Tuesday, you are not entitled to be paid for the whole week...only those two days. But, payment must be made ONLY for actually days worked. It has to do with when you worked, not notice given.

    As for any accrued PTO, bonus, etc., that depends on state law and compliant company policies.

15. AnonymousDecember 15,2022 at 2:31PM UTC

    I was told by our employee relations person that I would not get accrued time if I had done that. It’s best to ask your employee relations person.

16. Brittany Butkiewicz GonzalezDecember 15,2022 at 3:17PM UTC

    Your HR person works for the company not you. They will do whatever is in the best interest of the company.

17. AnonymousDecember 15,2022 at 4:38PM UTC

    That is true but not the entire story. Hr does work for the company. Employee relations is the legal part of any organization. While they help create policy, it is their job to keep the organization from violating labor laws. It’s what they do. I know hr gets a bad rap but I’m in hr and there isn’t one person I know who doesn’t care for the employees and looks at every angle for them. I work for a large company, too. Ultimately, hr is bond to support employees within the means of policy and labor laws.

18. Michelle S.December 15,2022 at 3:12PM UTC

    Are you in the US? If so, employers may never stop your salary for any reason and are required to pay you for every hour you work or a day that you work if you are salaried. There’s very little employers can do with salary, and they can lower it, but you said cease. They can lower it if they demote you or a few other reasons, but sometimes you still have unemployment back up depending on the situation. If you don’t fulfill your notice, or give enough notice, and this is only if is according to the company policy that you signed, then, technically, they can withhold paying out any accrued PTO or vacation time that normally they would’ve paid out upon successful completion of whatever their resignation period is. Contact the labor board in your state, if they are threatening, not to pay you.

19. AnonymousDecember 15,2022 at 4:45PM UTC

    I feel there may be more details to this. Have you checked your worker contract? We’re you termed? What’s the state? If you are in an at will state then they can term you upon notice. A company may take this avenue if there is a non compete, you are going to a competitor, you have their equipment, etc etc. but they would have told you. They can not legally withhold wages worked but as mentioned below, there can be things in your contract by not giving notice you violated and now example are no longer able to get pto accrued, etc. many states have labor laws regarding final pay. I suggest looking at your contract and your state laws and checking to see if you were terminated.

20. AnonymousDecember 15,2022 at 4:57PM UTC

    I know for our hospitals in California, pay for all hours worked must be paid within 72 hrs of termination. If there was a bonus sign on that the employee did not complete, that is prorated and must be paid baxk by the employee within a certain amt of time. But that is separate from hours worked final paycheck and any vac time however their HR and benefits dept offers employees.

21. Suzanne FinnDecember 15,2022 at 6:07PM UTC

    Not getting paid for hours worked is slavery. That's it. If you worked, you get paid.

22. AnonymousDecember 15,2022 at 7:00PM UTC

    They need to pay you for time worked. Whether or not unused PTO/vacation is paid out depends on company policy.

23. Heather HenryDecember 15,2022 at 8:59PM UTC

    They must pay for time worked as well as any accrued vacation. Say you started 1/1 and was promised 2 weeks after a year. You get let go (or quit) on 12/31. You are owed your vacation pay. If you got let go or quit mid year- you'd be owed 1 week. I think it comes out to .82 days month for 2 weeks.

24. Kristie WhiteDecember 15,2022 at 10:41PM UTC

    Correction - accrued vacation is not required by law unless there is a corporate policy that states it is a benefit that is payable upon termination. And usually a policy will state whether there is a requirement to work out a notice etc.

25. AnonymousDecember 16,2022 at 4:40AM UTC

    You are wrong. Accrued vacation in some states is treated as unpaid wages which is why more firms have moved to an unlimited vacation policy.

26. Kristie WhiteDecember 17,2022 at 4:09AM UTC

    You are right! Thanks for the correction. There is nothing at the Federal level but state laws differ, collective bargaining agreements may also have an impact and if there is a precedent- it may also have established a practice.

27. IntentionGirl299847December 15,2022 at 10:28PM UTC

    If in USA you call your State Department of Labor and Industry and file. The law is very clear, you must be paid for all time worked. They can't have you working an unpaid lunch or break either. Even if you signed a contract stating you had to give 30 days, they still can't take your earned pay.

28. RiaDecember 16,2022 at 4:44AM UTC

    Whether or not you give notice, your employer must pay you for all time worked. Your employer cannot withhold or reduce your salary based on what they deem insufficient notice. File a grievance with the Department of Labor. Some states require that an employer also pay any accrued paid time off.

    https://www.paycor.com/resource-center/articles/pto-payout-laws-by-state/

29. Deborah BolinDecember 17,2022 at 2:26AM UTC

    I had an employer not pay me around $1200 and the State of IN contacted them twice about it. After that, I was on my own and will have to sue them for my pay.