Resignation date not accepted

[silvery77]

What is the name of your state (only U.S. law)? New York

I submitted my resignation giving my employer 5 weeks notice. I've been working with the company for more than 7 years. Per the employee handbook, the company asks for 2 weeks notice as a courtesy but I chose to give them more time because I thought I was doing the right thing. They are not accepting my resignation and have countered with a new "last day" that is 2 weeks before my intended departure date. I have not been given a reason, other than the company only needs 2 weeks and they cannot keep me on board for that long. I'm in disbelief because I feel that I am being penalized for being honest. Although not mentioned, I feel that they are retaliating for leaving and that they are hitting me where it hurts and that's my paycheck. I am unsure what my rights are and what, if anything, I can do? Thanks in advance.

 

[HRZ]

The general rule of thumb is that if you give notice the employer is allowed to accept it as immediate ...and a good many do. It
might be fair to hold employer to pay out for the two weeks requested notice ....but given that you will be working 3 more weeks I don't see that you have a legal beef....and as a practical matter few employers want a departing employee hanging around any too long .....I think you had no rights that were violated...but I don't keep up to date on these issues.

 

[adjusterjack]

Sorry, they could have shown you the door the day you handed in notice.

Aside from your hurt feelings, nothing illegal or even wrong has occurred.

This is how work works. Get used to it.

 

[silvery77]

The general rule of thumb is that if you give notice the employer is allowed to accept it as immediate ...and a good many do. It
might be fair to hold employer to pay out for the two weeks requested notice ....but given that you will be working 3 more weeks I don't see that you have a legal beef....and as a practical matter few employers want a departing employee hanging around any too long .....I think you had no rights that were violated...but I don't keep up to date on these issues.

appreciate the response.

 

[silvery77]

Sorry, they could have shown you the door the day you handed in notice.

Aside from your hurt feelings, nothing illegal or even wrong has occurred.

This is how work works. Get used to it.

Well yes, they could have shown me the door. Likewise I could have quit the day of but that's besides the point. I guess I must be behind the times since I come from the days where honesty meant something so I suppose I will have to get used to it.
Lesson learned: no extra notice than is necessary. Thanks for your input.

 

[Chyvan]

I am unsure what my rights are and what, if anything, I can do?

You may file for unemployment benefits to mitigate your wage loss. NY will pay benefits from that date the employer discharges you until the date when you'd have quit. Do NOT agree to the two weeks. If you do that, the employer will use it against you, and complicate the process.

 

[cbg]

Your rights are to file for unemployment and to ask your new employer if you may start work earlier.

You do not have a right under the law to leave on the day that is most convenient for you, or even the day that you think it is "right" to leave. Once you have given your notice, it is up to the employer whether to allow you to work it out, and depending on your job and a couple of other factors, there can be some very valid reasons to have you leave immediately.