Legal Question in Business Law in California

In California, does an employer need to notify me that I've been fired and do they need to give me my final check at the time of firing? I was suspended from work while they sent the issue to corporate, so I decided that I would just quit. I gave them the letter dated Jan 1st, and received my final vacation payout Jan 6th and it was dated Jan 3rd. Unemployment says that the company says I was terminated. But I really quit 2 days before the date of the final check. Should this legally count as me quitting?


Asked on 1/29/14, 4:57 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd go a step further and say an employee isn't fired at the time the employer decides to do it; he or she isn't fired unless and until notified of the fact. If your employer decided to fire you on the 10th, you resigned on the 11th, and you were notified that you were fired on the 12th, you'd have resigned before the (attempt) to fire you. The date on your final paycheck and the date it is given to you are important, and the date you are to receive you final paycheck is indeed governed by law, but it is notice, not pay, that governs if and when you are fired.

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Answered on 1/29/14, 6:01 pm

Mr. Whipple gives correct information but seems to miss the relevant issue you are asking about. You WANT the EDD/Unemployment people to be processing a termination rather than a quit. A quit may look better for your prospects of finding another job, but to the Unemployment people, QUITTING AUTOMATICALLY AND COMPLETELY DISQUALIFIES YOU FROM RECEIVING UNEMPLOYMENT. If your employer is reporting it as a termination for cause, you can at least dispute that and have EDD make a determination whether there was just cause. It is ONLY when you are INVOLUNTARILY terminated without cause that you can collect unemployment.

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Answered on 1/29/14, 7:37 pm


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