Can I get compensated for an early termination after I gave notice?

UPDATED: Oct 1, 2022

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Can I get compensated for an early termination after I gave notice?

I work Mon. And Tues. I gave a 2 week notice. I was informed this morning that I would not be working next week according to the corporate office. I am a dental hygienist, 40 plus years. I was told that I had to use an implant probe for my exams. This is negligence because the probe is too big to properly detect pockets. So I gave notice. The periodontist next door confirmed that this probe is unsuitable. Their argument was I didn’t have a full day of patients. They gave the patients to the other hygienist to fill her schedule. The entire month of March that was scheduled is gone. They could have taken the new patients and filled a day next week. Can I demand that I was early terminated and I expect to be paid for the 2 days? I consider using an implant probe malpractice.

Asked on February 4, 2019 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A 2 week notice is not legally mandated (absent an employment contract or union agreement to the contrary); it is a courtesy on an employee's part. Accordingly, an employer need not accept; it can deem such notice as an immediate resignation. Further, in an "at will" employment relationship, a worker can be terminated for any reason or no reason at all, with or without notice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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