Legal Question in Employment Law in California
Does my employer have to pay me two weeks notice if I am not allowed to work it?
After giving my two week notice in writing my employer called me the day after I gave my notice and informed me that she was not going to allow me to work out my two weeks. I have been told since then that she should have paid me for those two weeks even if she didn't let me work them. Is this true? If so, how do I go about getting paid for these two weeks.
3 Answers from Attorneys
Re: Does my employer have to pay me two weeks notice if I am not allowed to work
As long as your employer pays you all she owes, including paid sick leave/vacation, etc., as he/she walks you out the door, no additional pay necessary, unless, requirement that you give 2 week notice when you quit. Then argument it may be owed.
Re: Does my employer have to pay me two weeks notice if I am not allowed to work
The employer does not have to pay you for two weeks, unless they have a policy that requires you to give two weeks notice of your resignation. If no such policy exists, they have the right to terminate at any time, even without notice.
Re: Does my employer have to pay me two weeks notice if I am not allowed to work
Your question turns on whether you were a salaried or hourly employee. Feel free to contact us to discuss.
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