Legal Question in Employment Law in California

If I was scheduled to leave on vacation 7/14 for a long weekend, but my employer says never mind vacation, your last day can be 7/16, am I terminated today? Should I have been paid out? What kind of trap am I in if I leave sooner?


Asked on 7/03/10, 6:00 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation. The employee's goal should be to keep the employer happy. You are terminated when the employer says your are. It sounds like you are terminated upon return from vacation. You are entitled to be paid for all time worked, however, so if you aren't you can file a claim with the Labor Commissioner. Upon termination, you can file for EDD benefits.

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Answered on 7/05/10, 10:29 am

Do not leave earlier. You are terminated the 16th. If you leave earlier, you will have quit and will be subject to having your unemployment benefits challenged by the employer.

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Answered on 7/06/10, 2:05 pm


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