rgraham723
New Member
First day back to work in 2 month since wreck with limatations gave eployer one week notice for new job. Worked 8 hours got home employer calls and says i can pickup my check they are letting me go. Is that legal
gave week notice for new job
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army judge
Super Moderator
This isn't a legal matter. What they did isn't illegal.
You have no right to a job. An employer doesn't have to allow you to work, when you plan to quit. What they did might not be courteous, or fair, but they sure as heck have a right to dismiss you at anytime. You had a right to quit. They don't have to let you collect a paycheck before leaving.
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You have no right to a job. An employer doesn't have to allow you to work, when you plan to quit. What they did might not be courteous, or fair, but they sure as heck have a right to dismiss you at anytime. You had a right to quit. They don't have to let you collect a paycheck before leaving.
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Betty3
Well-Known Member
Yes, unless you have a binding employment contract to the contrary. They are just accepting your resignation early. (not illegal)
This was posted twice under two different user names.
This was posted twice under two different user names.
Betty3
Well-Known Member
army judge, your post wasn't there yet when I started mine - you got yours off first & other thread wasn't deleted yet when I started my post.
Betty3
Well-Known Member
re final paychecks Ca. -
Employees who are fired, discharged, or terminated
When an employee is discharged from employment by the employer, the employer must pay the employee all wages due at the time of termination. CA Labor Code Section 201
Employees who quit or resign
If an employee quits and gives their employer at least seventy-two (72) hours notice, the employer must pay the employee all wages due at the time of quitting. If the employee fails to provide their employer with at least seventy-two (72) hours notice prior to quitting, the employer must pay the employee all wages due within seventy-two (72) hours after the time of quitting. An employee may request that their final wages be mailed to a designated address. The date of the mailing is considered the date of payment. CA Labor Code Section 202
Employees who are fired, discharged, or terminated
When an employee is discharged from employment by the employer, the employer must pay the employee all wages due at the time of termination. CA Labor Code Section 201
Employees who quit or resign
If an employee quits and gives their employer at least seventy-two (72) hours notice, the employer must pay the employee all wages due at the time of quitting. If the employee fails to provide their employer with at least seventy-two (72) hours notice prior to quitting, the employer must pay the employee all wages due within seventy-two (72) hours after the time of quitting. An employee may request that their final wages be mailed to a designated address. The date of the mailing is considered the date of payment. CA Labor Code Section 202
cbg
Super Moderator
Just for clarification, in EVERY state, once you give your notice it is up to the employer when to accept it. They can accept it instantly, or allow you to work out the notice you have offered, or something in between. And, as Betty points out, unless there is a legally binding and enforceable contract that expressly and in so many words says that they CANNOT refuse to allow you to work out your notice (and such contracts are exceedingly few and far between) it's legal either way.
Betty3
Well-Known Member
A few companies will let you go early but go ahead & pay you for the notice period (generally if it is no longer than 2 weeks) but they certainly don't have to. Most just pay for the time you actually worked. (unless there is a binding contract that requires they pay out the notice period which would be rare)
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