Legal Question in Employment Law in California
2 Weeks Notice and Pay
I gave 2 weeks written and verbal notice of my resignation as required in my employment agreement with my California employer. The boss told me to pack up, fill out my final timesheets and leave immediately. I filled out my timesheets using the overhead category for the next 2 weeks, rather than the project code I had been using for the specific client work I was engaged in for the previous weeks in an out-of-town location. He said he would mail the final paycheck, 401K stuff, accrued vacation, etc.
Later that evening, the boss emails me and says I must report to the out of town location for the next 2 weeks to continue the project work.
In my opinion, he terminated me when he told me to pack up and leave. I believe he is backtracking because he later realized he was missing out on revenue from our client over the next 2 weeks. Am I at risk for not reporting to the out of town client worksite? Am I still eligible for the 2 weeks of pay because of the 2 weeks advance notice I gave (and he required in the employment agreement)? Am I at risk for the potential lost revenue to my former compay?
1 Answer from Attorneys
Re: 2 Weeks Notice and Pay
From the information you provided it would seem that your employer has terminated your employment. You do not have any further obligation to this company. You also do not have any liability to the company for lost revenue unless you agreed to perform some additional services.
More importantly, have you been paid for all accrued and unpaid vacation, and regular hours worked? If not you should have been when he terminated you. I would be happy to talk to you about this matter if your interested. Good luck.
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