Legal Question in Employment Law in California

Voluntary Termination from Employment

If I give my employer a two-week notice with a specified last day of work and my employer refueses that two-week notice and tells me that it is not necessary, does my emplyer still have to pay me for those two weeks I offered. IF so, what is the California Labor Law code that refers to this situation


Asked on 4/25/07, 10:02 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Voluntary Termination from Employment

No, the employer may (and they often do) say they do not want you to continue working, once they know you intend to leave. Unless there is some form of a contractual agreement requiring a two week notice, employment can end at any time upon notice. Under these circumstances, they must pay you your final pay within 72 hours of the notice.

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Answered on 4/26/07, 12:15 pm
Thomas Pavone Pavone & Cohen

Re: Voluntary Termination from Employment

When the 2 week notice is rejected, the employer becomes the moving party in the separation and must pay all your wages on your last day worked.

While you are not entitled to pay for the two week period, because the employer is the moving party, you will most likely be entitled to unemployment benefits

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Answered on 4/26/07, 3:17 pm


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