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Resignation in Iowa

On Lawyer & Legal » Employment & Labor Law

3,189 words with 11 Comments; publish: Wed, 08 Oct 2008 14:04:00 GMT; (80047.85, « »)

I have received another job offer and plan to give my 2 weeks notice this week. My boss and I have not seen eye to eye and my main fear is that he will tell me that 2 weeks notice is not necessary and that I must leave upon notice. This may or may not be irrational, but was wondering what my rights are here.

If he does tell me to get out, am I entitled to anything? Is there anything I should know to bring to my resignation meeting? Any help is appreciated. Thanks!

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    • You can't file in anticipation of "maybe" having your resignation accepted immediately. You have to wait until whatever is going to happen, happens.
      #1; Thu, 09 Oct 2008 10:23:00 GMT
    • Ideally, I would not want him to accept it early; I would rather not go for 2 weeks with no employment and no pay. Is there anything to stop him from accepting it early?

      The 2 week notice is requested as a courtesy in the employee handbook, I can't see why they would request that courtesy and set precedent that they would not honor it. But my boss is a bit of a "maverick", so I just want to know what I'm getting into.

      #2; Wed, 08 Oct 2008 15:11:00 GMT
    • Also, in the event that he would accept it early, is it possible for me to take accrued vacation and sick leave in lieu of 2 weeks?
      #3; Wed, 08 Oct 2008 15:14:00 GMT
    • If you give two weeks notice & your employer accepts your resignation immediately & doesn't pay you for the two weeks (which they don't have to unless you have an employment contract which states it must be paid), you can file for unemployment ins. Iowa no longer has a one week waiting period.

      Or you could maybe ask your new employer if you can start early.

      #4; Wed, 08 Oct 2008 22:53:00 GMT
    • Should I be proactive and file now, or apply after the possible incidence?
      #5; Thu, 09 Oct 2008 10:19:00 GMT
    • He can accept your resignation early. If this happens, you are not entitled to anything other than a your last paycheck, which I beleive in IA, does not have to be issued on your last day. As far as your resignation meeting, he may talk to you about COBRA, returning company property, etc.
      #6; Wed, 08 Oct 2008 14:53:00 GMT
    • How is unemployment ins applied for?
      #7; Thu, 09 Oct 2008 09:57:00 GMT
    • You can do it online.


      #8; Thu, 09 Oct 2008 10:17:00 GMT
    • Iowa law requires your last paycheck be issued on your next regularly scheduled payday after your last day.

      Iowa law requires that employers follow their own policy when it comes to paying out unused vacation time when an employee leaves. You will be entitled to what your employee handbook says or what has been given to similarly situated employees in the past.

      Generally speaking, employers will either allow employees to work out an unpaid notice, OR accept a resignation effective immediately, but issue two weeks' pay to cover the notice period. The law does not require this, but it's good common sense. Employers find that if they require two weeks' notice but make a habit of not honoring the two week period, employees stop giving notice.

      Your other option is to not give notice, but you may burn your bridges that way.

      #9; Wed, 08 Oct 2008 16:30:00 GMT
    • You call the unemployment office in your area (find the number in the blue pages of the phone book) or you go on line to their website, and follow the prompts for filing a new claim.
      #10; Thu, 09 Oct 2008 10:16:00 GMT
    • You have to wait until you are unemployed or don't get your two weeks pay. (if either happens)
      #11; Thu, 09 Oct 2008 16:30:00 GMT