My question involves labor and employment law for the state of: New Jersey
I'm currently employed with a staffing agency for a company in northern New Jersey. I have accepted a position working directly for a competitor at the client that i'm currently working at. It is customary for the employee to be walked out once putting in a two week notice. I have read my employee agreement, which is signed by myself and a representative from the staffing company I work for.
It states the following:
COMPENSATION AND BENEFITS
Employee compensation shall be paid in accordance with **** policies as in place from time to time and in amounts as described in Schedule A to this Agreement. Employee agrees to submit completed time records to the **** office by 10:00 a.m. on Monday of each week, written in ink, via electronic time collection method, or **** Time & Expense, approved and verified by the Client and/or **** supervisor, indicating the total number of labor hours worked and software hours generated during the previous week by assigned project. Failure to submit time records will delay payment of compensation to Employee, in accordance with applicable law.
In addition to the compensation to be paid pursuant to Schedule A, **** shall also provide the benefits as described in Schedule A to this Agreement, which may be modified by **** at any time. Dependent coverages for certain benefits will require Employee contributions as established by ****.
4. TERMINATION
Employee understands and agrees that the term of employment under this Agreement is “at will”, with no certain term of employment being offered or promised, and that no guaranteed or definite term of employment is being given or implied under this Agreement. Although Employee’s employment is “at will,” Employee agrees to provide **** two (2) weeks advance notice of Employee’s decision to terminate employment. It is further expressly understood and agreed by Employee that **** may terminate Employee’s employment with **** at any time either with or without cause, in ****’s sole and absolute discretion. In the event of termination of Employee’s employment for any reason, the provisions of sections 5, 6, and 7 will survive such termination and remain in full force and effect. Upon termination, and to the extent permitted by applicable law, Employee acknowledges and agrees that any amounts owed by Employee to **** will be deducted from any remaining wages owed to Employee and refunded to ****.
I would normally give a 2 week notice, however, knowing that the At Will employment, along with knowing I will be escorted out immediately makes me think that I will need to give notice on the final day of employment.
If I do give notice, and they do not honor the notice, will they be required to pay out the 2 weeks due to the statement in the signed employee agreement "Employee agrees to provide **** two (2) weeks advance notice of Employee’s decision to terminate employment."?
The fact that at will employment is stated over and over again with that additional requirement, makes me think that I will not get paid if I give my 2 week notice and am escorted out.
Any input would be appreciative.
Thank You
I'm currently employed with a staffing agency for a company in northern New Jersey. I have accepted a position working directly for a competitor at the client that i'm currently working at. It is customary for the employee to be walked out once putting in a two week notice. I have read my employee agreement, which is signed by myself and a representative from the staffing company I work for.
It states the following:
Quote:
COMPENSATION AND BENEFITS
Employee compensation shall be paid in accordance with **** policies as in place from time to time and in amounts as described in Schedule A to this Agreement. Employee agrees to submit completed time records to the **** office by 10:00 a.m. on Monday of each week, written in ink, via electronic time collection method, or **** Time & Expense, approved and verified by the Client and/or **** supervisor, indicating the total number of labor hours worked and software hours generated during the previous week by assigned project. Failure to submit time records will delay payment of compensation to Employee, in accordance with applicable law.
In addition to the compensation to be paid pursuant to Schedule A, **** shall also provide the benefits as described in Schedule A to this Agreement, which may be modified by **** at any time. Dependent coverages for certain benefits will require Employee contributions as established by ****.
4. TERMINATION
Employee understands and agrees that the term of employment under this Agreement is “at will”, with no certain term of employment being offered or promised, and that no guaranteed or definite term of employment is being given or implied under this Agreement. Although Employee’s employment is “at will,” Employee agrees to provide **** two (2) weeks advance notice of Employee’s decision to terminate employment. It is further expressly understood and agreed by Employee that **** may terminate Employee’s employment with **** at any time either with or without cause, in ****’s sole and absolute discretion. In the event of termination of Employee’s employment for any reason, the provisions of sections 5, 6, and 7 will survive such termination and remain in full force and effect. Upon termination, and to the extent permitted by applicable law, Employee acknowledges and agrees that any amounts owed by Employee to **** will be deducted from any remaining wages owed to Employee and refunded to ****.
If I do give notice, and they do not honor the notice, will they be required to pay out the 2 weeks due to the statement in the signed employee agreement "Employee agrees to provide **** two (2) weeks advance notice of Employee’s decision to terminate employment."?
The fact that at will employment is stated over and over again with that additional requirement, makes me think that I will not get paid if I give my 2 week notice and am escorted out.
Any input would be appreciative.
Thank You
Resignation: When Do You Have to Give Two Weeks Notice
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