Legal Question in Employment Law in California

I’m in good terms with my manager however I turned in my two weeks notice yesterday. The following morning he sent me a text message stating he will cancel me because I will not be needed on Friday and cancels me the following week with zero hours. Can this be a case? He’s known to retaliate when he doesn’t get his way. Thank you

Asked on 5/01/19, 4:56 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Usually, employment in California is at-will unless the parties agree to some other condition. Thus, once you turned in your notice (or at any time), your employer could have -- and did -- cut short your work. If you have a handbook or some employment contract, the terms therein might apply. Otherwise, it's a good time to take a short vacation. Remember that the law provides a small window of time in which you must be paid for work already performed. If not, the employer could face a monetary penalty.

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Answered on 5/01/19, 5:27 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services

Further to Mr. Cohen's correct answer, he is absolutely correct that an employer can immediately terminate an employee who gives notice, unless there is some agreement, such as in an employee manual, about notice pay. It's not like a rental agreement where you have the right to occupy the property during the notice period. However, in addition, I recommend that you insist they tell you whether you will be given work any further work or if you are now no longer working for them. If they will not give you any further hours, you have been terminated and they owed you your final pay check the day they notified you that you would no longer be working. Failure to pay when due means they would owe you an additional day's pay for each day between when they notified you that you would no longer be working for them and the day they deliver your final paycheck.

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Answered on 5/02/19, 10:02 am

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