Two weeks termination notice is required in writing by contract, but was not given, am i entitled to the two weeks pay.

Asked about 2 years ago - Puyallup, WA

I have a signed employment agreement that states the following under section 10 Termination. "Either party may at any time, with or without cause terminate this agreement by giving two weeks written notice to the other party. If requested by the employer, the employee shall continue to render services pursuant to this agreement during such notice period, and shall be paid regular compensation until the last day of the employee’s employment (the "termination date")"
The employer declined my request to work the two weeks following notification. I broke no immediate dismissible offence, such as theft or drug use etc, when asked for the two week pay, he didn’t think he owed it, said "he would check it out but he's not a lawyer" My title is sales manager and I am not an hourly employee

Attorney answers (4)

  1. Jared N Hawkins

    Contributor Level 13

    4

    Lawyers agree

    Answered . From the brief portion that you've cited it sounds to me like your employer would be required to pay you if you continued to work the last 2 weeks (but not if you don't work). However, keep in mind that if you think you have been terminated wrongfully or are due some compensation because the termination was not done appropriately an attorney practicing in employment law would be able to review your case and give you an indication of your chances of success. Good luck!

    Providing this general response does not create an attorney client relationship.
  2. Gavin Nathaniel Johnson

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . I agree with the previous answer, and would add that you should consult with an attorney to review the rest of the employment agreement just to be sure there aren't any provisions that allow the employer to terminate, effective immediately, under certain circumstances. If there isn't any such provision, then it sounds like you have a legitimate claim to receive the two week pay and if your employer doesn't pay, then he is in breach of the employment agreement and you can sue for damages that result from the breach.

    It's best to sit down with an attorney and look over the contract.

  3. Alexander J. Higgins

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Absolutely. In fact, the employer may be liable for double damages at this point.
    -Alex J. Higgins

  4. Joel Phillip Nichols

    Pro

    Contributor Level 4

    1

    Lawyer agrees

    Answered . I am not clear from your question whether you or the employer terminated the relationship. Regardless, the operative language in the agreement you cite is "If requested by the employer, [...]" In other words, it appears that, if the employer does not ask you to continue working during the notice period, they arguably are not obligated to pay you. You should consult with an employment attorney in your area to obtain a more definitive answer. Make sure you bring the agreement with you to the appointment.

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