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Two week Notice in CA??

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  • Two week Notice in CA??

    Is an employer in California required to provide an employee with a two weeks notice of termination?

    And what if the employee's offer letter says that the employer can terminate employee at any time for any reason without notice? Does California law prevail or the offer letter?

  • #2
    Termination Without Notice

    Yes, California does recognize the at-will statement. An employer can terminate without notice, especially with the at-will statement in the letter. If an employee is terminated, however, the final pay must be given to the employee at the time of termination.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      "Is an employer in California required to provide an employee with a two weeks notice of termination?"

      No! California is an at-will employment state. This means at any time they can just say we no longer need you, or you can say I no longer wish to work here.

      "And what if the employee's offer letter says that the employer can terminate employee at any time for any reason without notice? Does California law prevail or the offer letter?"

      The statement: the employer can terminate employee at any time for any reason without notice.

      is the California law.

      Comment


      • #4
        Gregory, did you happen to notice that this post is five months old?
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Last Check

          I gave my two weeks and my employer wants to hold my check my last day there until the end of the day, what can I do to get my check earlier and leave?

          Comment


          • #6
            Nothing. No law says they can't hold the check till the end of your last day. It is not your right to leave early.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Last pay check

              Since I can't leave early, can I just quit and get my check, because I really don't have nothing to do at work, they already got a replacement for me so there is nothing for me to do there.

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              • #8
                If you walk out now, making your resignation immediate, they still have 72 hours to pay you. As it is, they have to have your final pay ready on your last day worked. And how bad is it going to be for you when they tell prospective employers that you walked! Tough it out. Sheesh.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Last Check

                  Yeah, your right, but I am under salary and I have never taken a day off and well I could be doing something better than just sitting here doing nothing, I have a new job and I start on Monday, but I'll see what I'll do. My boss treats me bad though and I just wanted to come for half a day, but they want to hold my check until the end of the day.

                  Thanks
                  Last edited by ace5; 10-27-2005, 03:16 PM.

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                  • #10
                    My advice remains the same. A lot of companies prohibit paid time off during your notice period. Yours may also. And since you're leaving, why would they let you go half a day when they have to pay you for the full day? I think you're trying to cut off your nose to spite your face, here.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment

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