Legal Question in Employment Law in California
I signed a letter with my current employer that says "Either I or my current employer can terminate the employment
relationship when given a 30-day written notice." I have an offer from a new company and gave notice today for a start date at the new company 2 weeks from today. My old company is saying they will start working on replacing me but that they reserve the right to hold me to the 30 day notice. Under CA law, can they make me work for them for the 15 or so days after the new job's projected start date?
2 Answers from Attorneys
There is no forced labor, they can not 'make' you work. However, you may not qualify for accrued bonus or such if you leave early.
I agree with Mr. Nelson. They cannot force you to work for them, but they can sue you for breach of contract if they can show they suffered damages from you not giving the required notice.
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