Legal Question in Civil Litigation in California
I had given a 1 month otice to my employer and am thinking of leaving 1 week early (essentially giving them 3 weeks notice). Can I leave and not be penalized?
2 Answers from Attorneys
Unless you have a written/signed contract stating that you will be employed for a set period of time, you are an at-will employee and can quit at any time for any or no reason. Similarly, your employer can fire you at any time for any lawful reason. If you give at least 72 hours' notice of quitting, your final check, including any earned and unused vacation or PTO (not sick leave) must be paid to you on your final day. If not, you earn up to 30 day's pay as waiting time penalties. If you give less than 72 hours' notice of quitting or changing your last day, your employer has up to 72 hours to have your final check available.
Penalized?
I'm surprised you weren't immediately terminated and walked out upon giving notice. That would have been the normal reaction by most companies concerned with dissatisfied employees 'infecting' the attitude of the rest. If they haven't, be thankful and treat them respectfully. See Ms. Karila's explanation of when your paychecks must be given you.