Gave Two Week Notice, Fired 1 Day Later

My question involves labor and employment law for the state of: California

I gave a two weeks notice on Monday. On tuesday I was summoned to the director's office and given 1/2 hour to pack up and then they escorted me to my car with my boxes. I was not given any paperwork nor my final check when this occurred. I spent the next two days on the phone leaving messages for HR and Payroll. I finally received a note and a fedex from HR with separation papers and a check. It was 72 hours later. My understanding on the labor law, having just read it was that it should have been handed to me immediately. I am not being paid for the two weeks, instead everything stopped, including my benefits the day of. Are they in compliance with the law? Mind you, this is a HUGE corporation who seems to think they are above the law all the time. My new job does start on the 26th, however, I have no pay or benefits for two weeks.

File for unemployment, do it tomorrow first thing in the morning. There's a good chance, you'll get paid for at least one week of benefits to take the sting out of losing two weeks' pay.

Also, tell everyone you know the name of this company. Once word gets out that they don't honor notice, then no other employee will have to suffer the loss that you had to take.

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Quoting chyvan

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File for unemployment, do it tomorrow first thing in the morning. There's a good chance, you'll get paid for at least one week of benefits to take the sting out of losing two weeks' pay.

Also, tell everyone you know the name of this company. Once word gets out that they don't honor notice, then no other employee will have to suffer the loss that you had to take.

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What gives you the impression that they have to honor notice. Most companies I know of will accept your notice and ask you to leave the same day. They are totally within their right to do so

They are under no legal obligation to allow you to work out your notice, or to pay you for that two weeks.

You are free to file a complaint of late wage payment with the state; however, it will take a back seat to those people who did not get paid at all.

Where'd I say the company has to do that?

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Quoting CourtClerk

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What gives you the impression that they have to honor notice. Most companies I know of will accept your notice and ask you to leave the same day. They are totally within their right to do so

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Quoting chyvan

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File for unemployment, do it tomorrow first thing in the morning. There's a good chance, you'll get paid for at least one week of benefits to take the sting out of losing two weeks' pay.

Also, tell everyone you know the name of this company. Once word gets out that they don't honor notice, then no other employee will have to suffer the loss that you had to take.

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Completely and utterly ridonkulous statement:rolleyes:

My take on chyvan's statement is that as soon as the other employees find out that their company doesn't honour notice, they won't provide any notice when they leave. And if they don't then they really won't suffer the loss of pay that the OP is suffering...makes sense to me (as one who knows from bitter experience just how deadly the workplace grapevine can be to employers).

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Quoting eerelations

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My take on chyvan's statement is that as soon as the other employees find out that their company doesn't honour notice, they won't provide any notice when they leave. And if they don't then they really won't suffer the loss of pay that the OP is suffering...makes sense to me (as one who knows from bitter experience just how deadly the workplace grapevine can be to employers).

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I do apologize, I read that much differently. I took it to mean that their new search for talent would suffer - must be Friday. What you are saying makes sense; but it really shouldn't come as a surprise to employees many industries work that way.

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Quoting Antigone

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I do apologize, I read that much differently. I took it to mean that their new search for talent would suffer - must be Friday. What you are saying makes sense; but it really shouldn't come as a surprise to employees many industries work that way.

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I'm the OP and what Oracle did was awful. I understand not paying out the rest of the two weeks. Fine. They can have it. What I did not agree with was the fact that the director at Oracle did NOT give me separation papers, nor my final paycheck upon escorting me out the door.
I believe that was against California Labor code. In other words, he was angry that I found another job, got rid of me, and wanted HR to pick up the pieces.
It seems to be SOP at Oracle. I already advised my former colleagues to not EVER give two weeks notice. I asked HR where it states in the handbook to immediately terminate an employee when they give notice. They did not respond to that. They also cut off benefits the day of. Although according to the insurance co, it still as of today has not been cut off. So far, I have spent three days, on the phone and sending emails to try to figure out where the paperwork was, and benefits situation. They have created a living hell for me. Oracle is not a great company to work for at all, especially when it comes to them thinking they are above the law.

Okay, back up a bit.

I've already told you what you can do about the late payment. I'm not saying nothing will happen; CA is exceedingly protective of its employees. I'm saying nothing will happen fast.

However, there are a number of reasons, having nothing to do with being angry that an employee found another job, why an employer would accept their notice immediately. (No, you were not fired; not allowing you to work out your notice is not a firing. You'd still be working there if YOU had not instigated the separation of employment. However, you will very likely still be eligible for at least one week of unemployment.) For example, if the employee is a salesperson who will soon be going to a competitor, how can the employer trust that the employee will be putting HIS products first and not those of the competitor?

I once had to deal with the aftermath of a disgruntled employee who was not walked out the door (and who should have been). Without going into detail, she caused several thousand dollars worth of direct damage and several thousand more of indirect damage. The company would have been much better off if they'd walked her out.

There does not have to be anything in the handbook stating that you will be let go immediately upon giving notice - doing so is legal in all 50 states. It's not uncommon, and I don't happen to think there's even anything particularly shady about it. Granted, if it were me, I'd have paid you for the notice. But the law does not require that.

Benefits end when the plan document (I am not talking about the employee handbook; I am talking about the governing document for the plan) says they do. The employer MUST, by law, end benefits on the day the plan document says. In my experience (30+ years worth) about 50% of employers have benefits end on the last day of employment and the other 50% have them end on the last day of the month in which employment ended. Both are legal, both are common. But even if it's the last day of employment, that doesn't mean that HR or Benefits is going to drop everything and send a cancellation notification to the insurance carrier same day. My employer does same day of employment but we notify the carriers once a week. So yes, I can well imagine that benefits end on the last day of employment but they are still active in the carrier's systems. My employer probably has a few of those as well.

There are NO separation papers that have to be given to you at termination. None. Not in your state. There is nothing you have to sign. There is nothing you have to authorize. They do have to give you COBRA information but they have up to 44 days to do that.

So yes, they were late paying you according to CA Labor Law and you can hold them accountable for that if you don't mind waiting rather a long time for an outcome. But nothing else you've mentioned is illegal or even unethical.

that's why I usually only give one day notice....sad, but thats the way employers want to play it, I can play the game too