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I resigned with immediate effect whereas i have two weeks notice.

I was suppose to notify the company two weeks in advance about my notice, and I mistakenly sent resignation with immediate effect.

What can I do to get the salary?

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    What can i do to get the salary for the time I did / will not work? - That's not a very good question. Why'd you expect you should get the salary? Jun 26, 2019 at 11:47
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    Where are you located? Laws about at-will employment differ across geographies.
    – Jay
    Jun 26, 2019 at 12:34
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    I'm confused... did you actually work the 2 weeks? Are you still at the company now, or have you already left? Based on the question, I'm not sure if you left immediately and want to get paid for time you didn't work, you just handed in your resignation and want to work the 2 weeks, or you actually worked the 2 weeks and they're now refusing to pay you for it. Jun 26, 2019 at 13:26
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    Also keep in mind that, even if you did provide 2 weeks notice, they're not necessarily under any obligation to have you actually work the full 2 weeks (at least in some jurisdictions)... the main reason I say that is that that actually happened to me once where I handed in a 2 weeks notice and they ended up letting me go before the notice period was up. Since I was an at-will employee, they were under no obligation to have me serve the full 2 weeks, so it was perfectly legal for them to do that. Jun 26, 2019 at 13:33
  • An accurate answer would require that you tell us where in the world you are, and if you have an employment contract which describes your obligations around any notice periods. In some parts of the world it's entirely possible that you owe them some money (as least technically) for not working out an agreed notice period.
    – brhans
    Jun 26, 2019 at 13:34

5 Answers 5

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What can I do to get the salary?

If you actually resigned without providing notice, you are not entitled to two weeks of free pay.

If you actually want to work the notice period (2 weeks), call the company (your manager) and tell them of the mistake in regards to the notice date. Maybe they will let you work the two weeks and earn the salary. In most countries they are not obligated to do so.

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Please don't walk off your job if you can possibly avoid it. Even if you are an entry-level food service worker, it takes time to find another person and make them familiar with the job. Supervisors, like you, are workers. And when you walk away you make more work for them.

When you walk away that's all they will remember about you. It ruins any good reputation you may have built in that workplace.

And, as you have discovered, you don't get paid for the time which would have been your notice period.

Call your employer immediately, tell them you made a mistake resigning immediately, and ask if you can serve out your notice period. But don't be surprised if they don't agree; they're probably irritated with you.

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You don't make it clear in the orignal question what timescales are at play here so assuming you've only just done this (and haven't actually left yet) then you could try explaining to them that you made a mistake and you intended to give the two-weeks notice. If they accept that as an error and allow you to retract the "immediate" resignation you can then give two weeks notice and work them, then you can expect to be paid for them.

Typically there's no obligation on an employer to allow an employee to retract a resignation - but this isn't a hard and fast rule. In the UK and Australia for example there's supporting case law for the notion that an employer should accept retractions where a resignation was given "in the heat of the moment" and promptly retracted e.g. where the employee was having a heated argument with their boss and stormed off with a shout of "I quit!" but even those scenarios aren't black and white and rely on there being some evidence of "special circumstances". (see here for some examples and more info)

Assuming they accept your resignation as it stands (i.e. "with immediate effect") then you won't work those two weeks and won't get paid for them.

If you've already actually left, the "heat of the moment" get out might still be enough to get the resignation retracted (assuming you are in a jurisdiction that supports such things) but I'd only be contemplating that if you were to actually planning to stay as resigning again immediately is only going to remove any argument you had that the first should be retracted. So if you have already left and don't wish to return for longer than your two weeks then I think you can safely say that notice period (and it's associated pay) are gone.

The outlook in the states is similar - they are under no obligation to allow you to rescind your resignation without some extenuating circumstances (such as refusing to rescind being classed as retaliation), and typically that would mean actually rescinding it (i.e. staying). If you just want to work out your notice you're only choice is to ask nicely and hope they agree.

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The company has the choice of accepting your immediate resignation or not. If they accept it, they should tell you, you stop working, they stop paying. If they don’t accept it, you continue working and getting paid. Best to talk to them in person, state what you want, and see what the company says. But they have the right to just accept your immediate resignation.

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Contact your manager/HR department immediately.

You may be able to retract your notice or extend it, depending entirely on local laws, customs and your manger/HR.

Depending on the wording of your resignation you may be able to claim that it was a simple typo.

Unless you actually work the 2 weeks notice, I am unaware of any laws or business customs where you will be able to claim the pay.

You might also be liable to pay back any vacation days taken in excess of what you have accrued and working the 2 weeks notice might help to cover those days.

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