Legal Question in Employment Law in California

Employee quits and gives two week notice. Employee stated that they found a better job. Is employer resposible to pay there two weeks if employee does not work? What is California law state?


Asked on 8/20/10, 9:52 pm

4 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Hello, there is no reason why an employer would have to pay for time during which the employee doesn't work, unless that employee is salaried and his compensation doesn't depend on the hours worked in the first place, in which case this might be an issue.

Thanks,

Arkady Itkin

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Answered on 8/25/10, 9:57 pm

Arkady is wrong about salaried. If a salaried employee doesn't work at all in a day they don't have to be paid at all. They are free to take vacation time or PTO. But why would an employee give two weeks notice and then not work? That's not two weeks notice. Furthermore, the employer upon receiving two weeks notice is free to fire the employee on the spot, if the employer has the required final check ready. If not, the employer is also free to fire the employee the next day. There is no reason to pay an employee who says they are quitting in two weeks, and then stops showing up for work.

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Answered on 8/25/10, 10:02 pm
Terry A. Nelson Nelson & Lawless

Of course not.

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Answered on 8/26/10, 10:10 am
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Possibly if you don't terminate the employee. You can terminate an at-will employee after they give notice; you don't have to honor such an employee's two week notice, especially when they don't work for those two weeks.

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Answered on 8/27/10, 12:50 am


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