US employemnt law
 

Hey Everyone,

Been a long time lurker (great info on here) and now getting ready to move back to Scotland after 4 years in the US. Job is set up, wife, dog, motorcycle and house all ready to go come October BUT need help with the following -

My current US employer asks for a minimum 2 weeks notice if leaving the company - if I hand in my notice 3 or 4 weeks before my (planned) final day, can they terminate my employment early ?

I'm currently in Texas, not a citizen and do not have a green card. Both my wife and I are from Scotland and are in the US on an L1 (L2) visa.

Thanks in advance for any advice.

Re: US employemnt law
 

I tried to do the right thing a give two weeks notice, I told them I was moving back to UK in my resignation letter.( This was in the early 90's) 30 minutes later I was told that I was working my last day and not to come back the next day :frown: So if the contract says two weeks then by all means give it, but be prepared to be let go that day. I've heard of the same thing happening in more recent years here in Cali, so it still happens.

Re: US employemnt law
 

Texas is a completely "At-Will Employment" state. (Not observing Implied in-fact) - http://en.wikipedia.org/wiki/At_will...pecific_states

So, If you have no written contract of employment with your employer, they could fire you for looking at them funny.

Do you have any vacation time? If so, I'd use it and hand my notice in on the last day before the vacation.

Re: US employemnt law
 

At will.

Put in your holiday time, use it up, call and say you won't be back the next Monday.

Job done.

Re: US employemnt law
 

I don't understand why you would even consider doing this. Give then as little notice as required.

Re: US employment law
 

Thanks for the replies so far.

The reason I thought of giving early notice is that my schedule is now planned / booked all the way to November and I thought it would give my current employer more time to change things around.

I have no opportunity to take my vacation hours around the time of my notice (or between now and then) - I'll actually be in China when I need to give the 2 weeks so that should be interesting.

Cheers,

Re: US employemnt law
 

Seems giving notice is the dead opposite in the US to the UK where they are pleased if you give plenty of notice!

Re: US employemnt law
 

Oh yeah, I've worked plenty of places that will just tell you to go home once you give notice. Esp if you work with highly sensitive data, projects or equipment. Some employers are of the opinion to tell you to leave so that you can't damage equipment, steal data, mess up computers, sabotage projects, etc.

Re: US employemnt law
 

Why the hell would they think you would do that? Surely anyone planning to do that would be the type of person who would walk out without notice anyway! In the UK, if you walked out without giving the usual amount of notice (at least 1 month for salaried jobs but higher positions it can be 3 months), it wouldn't go in your favour on your reference. Also they like to have time to get a replacement and for you to show them how to do the job.

If they do ask you to go right away they have to pay you pay in lieu of notice (3 months at my work). The cases where they make you clear your desk and leave right away escorted by security is if you are made redundant or sacked. In which case I can understand why they'd think you might want to damage their business. But somebody who has enjoyed working there and just has to leave for personal reasons or career reasons and gives polite notice?

The American attitude is just so crazy I just don't understand it!

Re: US employemnt law
 

Paranoia :sneaky: I don't get it either.
I worked with old people, I hope they didn't think I was going to take one with me :lol: Mind you I had access to a lot of heavy medications I could have made a mint ;)

Re: US employemnt law
 

Garden leave is not a concept generally taken over here. Being given notice of redundancy, severance packages and anything like that is also for the most part quite an alien concept.

Not that it happens everywhere, but it happens more than it doesn't that you'll just be frog marched out of the premises with your stuff in a box or forwarded to you.

Because of that, employee's generally don't give a shit either and it's better for them to take their holiday owned and then leave than risk losing that money.

References don't happen here either, other than verification of dates of employment and title. Anything else is generally a no comment because if you didn't get a job because of a reference it opens them up to a liability suit.

Re: US employemnt law
 

Spot on Bob...that's exactly the way it is here.