Yes. An employer is not legally required to honor the two week notice.
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This is a tricky situation, and one with too much at stake for you, and likely too much unique to your home state for an out of state DUI attorney like myself to address to any detail - but you clearly want to hire a DUI attorney. I would also say that, depending on the circumstances surrounding your DUI, your history (both criminal and personal), and your employer's HR department's policies, there's at least a possibility that you could opt for a wellness program that would avoid your getting terminated, again depending on how it is brought to your employers attention. I do not practice employment law and again, am out of state - but alcoholism is defined as a disease and I believe you may have certain protections under the ADA (Americans with Disabilities Act) that, depending on the circumstances, may actually prevent your employer from terminating you. But you need to speak with a skilled and experienced DUI attorney in your home state, preferably one who has close connections with an Employment attorney or some knowledge of ADA. She/he will best be able to counsel you. Best, Dan Gerl
If you were turning yourself in to be incarcerated for the DUI, the employer has every right to terminate you because you will not be working your scheduled shifts once incarcerated, and as Mr. Mallen has already noted, the employer has every right to terminate you when it gets the notice, and is not required to honor the two weeks notice period.
If you are turning yourself into a treatment program for a chronic alcoholism issue, the landscape changes drastically. Most employers (depending on the size of the employer) are required to make an attempt to reasonably accommodate a known disability unless to do so would create an undue hardship. Alcoholism is a qualified disability. If that is what is happening, you need to see an employment attorney right away so that certain information can be conveyed to the employer at this point.
Good luck to you.
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