Legal Question in Employment Law in California

When giving 2 weeks notice, can I be terminitated immediately?

Last week the firm was informed that we will recieve the week of 12/27/99 - 12/31/99 off with our usual pay. However, I am planning on giving my two weeks notice on the 20th of December. If I give my notice, can they terminate me immediately to avoid paying me for the free week off? What labor law says that they can't do that?

(Thank you for you time.)


Asked on 12/14/99, 11:42 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: When giving 2 weeks notice, can I be terminitated immediately?

yes, they can terminate you. if the time off is earned vacation time they must pay you for it but if it is just a gift of time off to employees then they dont have to pay you for it. by the way, you are not legally required to give them 2 weeks notice.

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Answered on 12/15/99, 3:19 pm
Roger Renfro Renfro & Associates Law Corporation

Re: When giving 2 weeks notice, can I be terminitated immediately?

A California employer generally my terminate a California based employee at any time, with or without cause, and with or without notice and yes, immediately upon notification of your desire to quit. The reverse is generally true as well: employees are free to terminate their employment relationship at any time without fear of reprisal from their employer. This principle is generally known as "at will employment". The "at will" employment concept is more fully set forth in the California Labor Code. There are exceptions to this general rule, however. For example, if your employment with your current employer is covered by a collective bargaining agreement (i.e., union), both employer and employee alike must conform their conduct to the terms and conditions set forth in the agreement. The same principle may apply when your employment relationship is governed by an employment agreement between you and your employer. You should check with Human Resources and/or a local employment attorney to determine what legal principle(s) apply to your particular employment situation before taking any action.

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Answered on 12/15/99, 5:29 pm


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