Legal Question in Business Law in California

Giving notice of termimation

I would like to know if I give 2 weeks notice to my employer, are they bound to allow me to work out the 2 weeks or if they do not have to allow me to? If they let me go prior to the 2 weeks given, do they have to compensate me for that time?


Asked on 12/09/04, 5:30 pm

4 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Giving notice of termimation

As a general rule, in California all employees are "at will" employees, which means, in a nutshell, that an employer can terminate the employee for any reason or for no reason at any time they wish. While there are exceptions to the general rule (i.e., where an employment contract limits the employers right to terminate, or where the employee is dismissed in violation of public policy), and while most employers allow an employee to continue working after notice that the employee intends to quit, the employer is under no legal duty to do so. If the employer termiantes the employee prior to the two-week notice, generally no compensation is due beyond that which has been earned to the time of termination.

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Answered on 12/09/04, 5:35 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Giving notice of termimation

Usually, unless there's a need to train your replacement, the employer will not want to keep the employee beyond what's necessary because of morale and other issues. Be prepared for an earlier-than-expected departure without pay.

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Answered on 12/09/04, 7:07 pm
Terry A. Nelson Nelson & Lawless

Re: Giving notice of termimation

No and no. Your courtesy could cost you money if the company immediately fires you, but I still advocate employees giving notice.

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Answered on 12/09/04, 7:23 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Giving notice of termimation

Unless extraordinary circumstances exist, they do not need to retain you and you are not entitled to pay beyond that earned through the time and date earned, ie., date you leave.

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Answered on 12/10/04, 12:05 pm


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