If I put in appropriate notice, am I entitled to holiday pay?
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If I put in appropriate notice, am I entitled to holiday pay?
My company required a three weeks notice which I put in on November 5 making my last day on November 23. My official last day was November 21 because the Thanksgiving holiday for the company was on November 22 and the 23rd (office closed both days). My company said they are not paying me for those days. Can they do that since these were paid holidays for staff?
Asked on December 6, 2012 under Employment Labor Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Most likely, they do not have to pay you. Even if you were required to provide them three-weeks notice, that does not necessarily mean they were required to honor it; typically, in cases like this, the notice requirement works only to the employer's benefit and they can, when they choose, treat the notice as effective immediately (or at any interim point prior to the full three weeks). Moreover, even if a court were to hold that they are obligated to respect the full three weeks and thefore pay you for those holiday days, to get the money, you would have to file a lawsuit against the employer, which has its own costs.
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