Human Resource Blog

Employers in almost every state cannot legally require that an employee give any notice at all. They can request it, they can expect it, they can give a less than glowing reference if they don’t get it and in some cases they can withhold earned vacation pay…but they can’t require it. What are they going to do if you give less notice…fire you?

If there is an employment contract in place that specifies one month’s notice, then yes, the employer can go to court to get it enforced if necessary.

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You will probably have to consult an attorney to sort this one out. It sounds like the employer believed that you resigned — and maybe that was your intention. Now that you’ve had some time to think it over, you’re not sure you want to. It may be too late. In terms of unemployment benefits , it is going to be difficult for the employer to prove that you resigned. (This is why most supervisors would say “Put it in writing for me, please.”) Assuming that you have missed a few days of work, if you do decide to return, the employer could probably fire you for absenteeism.

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Depending upon the state, the employer may not be required to pay you for unused vacation time at all. Many companies  – perhaps most companies — require that workers give 2 weeks notice in order to be paid for their unused vacation. It’s probably an all-or-nothing situation, however. Your assumption that 4 days of vacation would be deducted because you gave only 10 days notice is incorrect. You are either entitled to all your earned vacation pay, or you are not entitled to any vacation pay.

BTW — It’s always a good idea to give notice in writing. It prevents misunderstandings and if necessary you can document how much notice you gave.

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Under Utah law, employers are not required to pay terminated workers for any unused vacation. However, the employer must abide by their own policy or past practice. If the employer has a policy (especially a written policy) of paying workers for vacation, and refuses to in this case, the Utah Labor Commission will force them to pay the worker.

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Yes, an employee can be fired on “hearsay” evidence. The rules of evidence that apply to court don’t apply in the workplace. Often an employer will discipline or terminate a worker based on behavior (threats, poor performance, customer complaints) that the employer did not actually witness.

Theoretically, you could find a lawyer who would file a suit against your former coworkers. However, it’s possible that the supervisor feels your performance was lacking even if sleeping on the job was not an issue. It would probably make more sense to find someone other than your former supervisor to use as a reference. Often, the HR department provides neutral references in situations like this.

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