QUESTION
Is a manager, on probation,who has not been specified terms of engagement, who resigns during probation period entitled to salary ?
Asked on May 30th, 2012 on Business Law - West Virginia
More details to this question:
I worked in a company for approximately 2 months on probation as head of Administration. I was not given any appointment letter, nor were the policies, if any, of the company communicated to me. The company as a routine did not do so with any of the employees. Finding the work environment extremely unhealthy I resigned from the company by informing the CEO about my intentions in an e-mail & also communicating the same to him on telephone. He agreed to my leaving the company without imposing any conditions. My salary for 1 month has not been given to me. On my writing to the company on the subject, I was informed that since I had not given the requisite notice (1 month) I was liable for deduction of salary of 1 month- a condition which was not communicated to me in writing or orally.
1 ANSWER
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As a general matter, an employee in the United States without an employment contract (and who has not assented to any particular express terms of employment) is employed on an "at will" basis. That means that either party may terminate the employment at any time for any reason or no reason at all. Under such circumstances, the employee is entitled to be paid for time worked prior to discharge or resignation. Under the facts you put forth, you remain entitled to one month's salary. Your state's labor department a lawsuit can be employed to attempt to recover the amounts due.
Answered on May 30th, 2012 at 8:21 AM