Severence Pay and Texas

dinkinflicka29

I am thinking about putting in my two weeks notice and the current company I work for is a little different with regards to my prior places of employment in dealing with employee relations and their lack of HR department.  At my prior companies after I put in my two weeks I was either payed at that time for the following 2 weeks, plus any remaining vacatoin / sick time earned or asked to finish out my two weeks and then recieved compensations for sick / vacation time.

 If you resign from a company and they opt not to keep you there the following two weeks are they obligated by some law to pay you for that time?  I believe they would have to be, but am not an HR expert.

 Another related question - when I was hired on I was informed i would recieve a bonus of 4K per year, plus the opportunity to earn performance bonus as well.  I have only been at this company 4+ months and have not seen a dime of my promised bonus.  Do they need to pay me a prorated amount of this when I exit or is this not obligated contractually?

 

Thanks!

regdunlop

check your state law and your company's employee handbook on payout of unused vacation and sick time. if you give two weeks of notice but your company asks you to leave immediately i don't think there is any federal requirement for your company to pay you unless it promised to do so. if you work any part of a workweek your company has to pay for that time however.

you'll also have to check your employee handbook on the rules on earning a bonus.  that said, most companies require an employee to be with the company for a longer period than 4 months to earn a bonus. you said the company promised you the opportunity to earn a performance bonus. so your company should have written rules on how you can earn that bonus.

rstahli

There is no legal requirement to pay you through the notice period if you are asked to leave, rather than work out your notice. However, you would probably be entitled to collect unemployment insurance for the notice period, since the employer was esentially terminating you. If pointed out to them, I assume they would rather pay you for the notice period, rather than potentially impact their unemployment compensation premiums.