Treatment of Departing Employees
Answer by John Burnett, BOL Guru Guru BIOS
Question: If an employee gives two weeks' notice when he resigns, as required by the employer's personnel manual, and the employer tells the employee to leave immediately, is the employer required to pay the employee for the two weeks since two weeks' notice was required by the employer and the employee complied with the requirement? From the same question above, if the bank paid one white employee for the two weeks, but chose not to pay the same level minority worker -- is that legal?
Answer: As to your question about two weeks' pay, I believe you're asking a question to be answered only by state law. I don't believe an employer is legally obligated to pay for time not working in this case, but state law (or the employer's written policies) may override that.
As to the question about disparate treatment based on race, I believe the employer would be indulging in some very risky behavior. Although I cannot cite chapter and verse, this practice, if true, would certainly be illegal.
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