Legal Question in Employment Law in California

Two weeks notice and pay

I am leaving my company at the end of the month. I'd like to know if I give my 2 weeks notice and the company decides to let me go the day I issue the notice are they required to pay me for the 2 weeks?

I've reviewed my Company Policy Manual and it states, in short, ''When immediate voluntary termination occurs for reasons listed above, the employee will recieve pay ''in lieu of notice'', the maximum being two weeks of pay based on a 40 hour workweek at the employee's striaght time rate or salary'' Does this statement mean they must pay for the 2 weeks? If so how does the term maximum 2 weeks affect the amount they pay?

Lastly, the manual also states that they would like as much notice as possible preferrably 2 weeks or 10 working days however, if they are going to let me go that day w/out 2 weeks pay then I'd rather just quit without notice.

Appreciate any help?


Asked on 6/30/04, 1:23 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Two weeks notice and pay

There is no law that obligates an employee to give two weeks notice or an employer to pay two weeks salary in lieu of notice. The only such obligation may come from a contractual commitment entered into.

Whether such a contract exists in your case is questionable. Company manuals often have disclaimers that state the policies contained in them are not to be construed as a contract. You will need to review the manual closely. You also do not state the "reasons stated above", upon which they will pay two week's salary.

Generally, employers can terminate the employee anytime, and often do after the employee gives their notice, to prevent any damage that can be done to company property or from being a negative influence on co-workers. Some employers do appreciate the professional courtesy. You need to have a feel for the kind of people you are working for and how they will react to giving them notice of your leaving and hope they will respond appropriately.

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Answered on 7/06/04, 6:02 pm


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