Is it legal for your employer to reduce your 2 weeks’ notice to avoid paying holiday pay?
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Is it legal for your employer to reduce your 2 weeks’ notice to avoid paying holiday pay?
I feel that I am being retaliated against for filing a workers comp claim and that my employer reducing my 2 weeks notice to avoid paying holiday pay is a form of retaliation. I was approached by my supervisor immediately after putting my knee brace on when standing was getting too bearable to work without it my occupational therapist said it was okay to use my discretion of when I felt my brace was needed and my supervisor said to me that he was going to make my last day Tuesday 06/02, instead of my written and agreed upon resignation date of 06/05. He said he didn’t need me for Friday because it is always a skeleton crew anyways but Fridays are one of the most staffed days, the company is short staffed and is trying to hire 4 additional technicians in my position, the day after the holiday in the past had consistently been busier than the average day and the company is already behind and the work is piled up. After my supervisor told me this I clarified with him that I wouldn’t be paid for the July 4th holiday then and he said no. I have Wednesdays off already so moving my last day to Tuesday effectively make sure that my last work day before the paid holiday. I then asked my supervisor if they were shortening my 2 weeks to not pay me for the holiday and he said,
Asked on June 25, 2019 under Employment Labor Law, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You have no claim here. The fact is that putting in a 2 week notice is a courtesy and not a legal requirement. Accordingly, when you give it to your employer, it can treat it as immediate notice. In other words, they do not have to honor it. Accordingly, your employer has done nothing illegal. Your only recourse here would be if your treatment violated the terms of an employment contact/union agreement or constituted some form of legally actionable discrimination( e.g. 2 weeks notice is honored for men but not women, etc.).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, they can legally do this. 1) Two week notice is the tradition, not the law--an employer can consider notice effective immediately, or at any convenient time (convenient for the employer) prior to the date you intended: you cannot guaranty working through the end of your notice period; 2) employers can arrange work schedules to suit their needs; 3) paid holidays is not the law, either--it is benefit that employers choose to give their continuing employee: the employer does not need to give someone who is leaving it a days pay for not working.
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