two week notice pay

[easytoremember]

Who knows this one. I put in two week notice to go work for a competitor and was immediately walked out. Prior people in my department who did this were given the two weeks pay. Does anyone know the proper way or proper regulation to argue my case for my pay?
Chris

[blackmage]

From what i understand is the employer only has to pay you what you have actually worked. So if they fire you, they DO NOT have to pay you for two weeks worth of work you did not do, unless you were contractually obligated to get that pay.
On the flip side of that, i think some employers will pay out the two weeks so they dont have to pay for the unemployment costs. I think its all up to the ex-employer at that point.

From the state statutes, they dont have to pay you as you leave either.

109.03 (2) Payment to discharged or resigned employees. Any employee, except a sales agent employed on a commission basis, not having a written contract for a definite period, who quits employment or who is discharged from employment shall be paid in full by no later than the date on which the employee regularly would have been paid under the employer's established payroll schedule or the date of payment required under sub. (1), whichever is earlier.

[05caddyext]

They definitely don't have to pay you for those 2 weeks. The only they they must pay you is any unused, earned, vacation or sick days. Where it gets stick in the future is how to report what happened to a potential new employer. You tried to do the right thing and put in your 2 weeks, which is obviously a voluntary quit. They fired you. I'd be honest and say that I was terminated, however I did give a formal 2 weeks notice and was denied that. But to the original question, they don't owe you anything. And you wouldn't get unemployment for both weeks either, there is a mandatory 1 week waiting period where you simply don't get paid, so it's most likely not worth trying to collect, even if it is out of spite.

[Wagonbacker9]

Only thing I'll add is that they can require notice to pay out owed PTO. Exactly how that plays out if they terminate you before the notice period expires and then fight you on the PTO I don't know, but I would imagine you're still owed it unless they are able to prove just cause in termination.

[PB86MCSS]

I would try to collect it, even if one week, why not? If you did the right thing by giving notice, they didn't like it and said bye bye which I can understand if a competitor, next move is to file IMO.

[spooln30]

Employers pay for each employees unemployment each quarter so if you file it doesn't effect them because they already paid in. That's how I had to do it when the previous repair shop I worked at made all of us go self employed or get LLC's, so he didn't have to paid for all of that stuff. Because he is a cheap ass. Lol.

[easytoremember]

Update. They decided to pay me after I raised enough hell. Pretty much I recommended that they reconsider their decision since in my view precedent has been set by other people leaving to work for competitors and other not, all giving 2 weeks and all being immediately let go and given the pay. Therefore with no written policy on the subject it can be seen as a case for discrimination. They were quick to change their mind after that.

[GTSLOW]

You seem to be really good at jumping from job to job. Good luck to ya...