Legal Question in Employment Law in California

1. Does my employer owe me two weeks pay: I put in my two weeks notice and was terminated immediately. Does this mean that I quit or that I was terminated? I had put in my two weeks notice and expected to work for two more weeks but was asked to leave immediately. Does my employer owe me for those two weeks of anticipated work?

2. Do I qualify for unemployment: I quit because my availability changed and my employer told me they couldn't adjust my schedule and didn't need me if I couldn't work the hours and scope that I was currently working. Does this qualify me for unemployment?


Asked on 5/04/11, 3:56 pm

2 Answers from Attorneys

1. No, but if they did not have your final check ready for you on your last day, they owe you waiting time penalties of a days pay for every day you have to wait until your final paycheck is delivered.

2. That is up to EDD, but I'm pretty certain that regardless of why you were going to quit, the fact that they terminated you makes you qualified for UI benefits.

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Answered on 5/04/11, 4:00 pm
Terry A. Nelson Nelson & Lawless

When you give notice you are quitting, they can walk you out the door, paying for what time you actually worked. That's what you get for being nice.

FIle for EDD and argue your case.

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Answered on 5/04/11, 5:06 pm


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