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Asked to Leave Prior to End of Two Week Notice

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  • 01-07-2019, 09:24 AM
    khandy
    Asked to Leave Prior to End of Two Week Notice
    My question involves labor and employment law for the state of: If my employer has a written policy that says you must give two week notice or you won't be eligible for rehire and then I give two week notice but they decide to let me go before the end of the notice period do they still have to pay me for the notice period? In my mind that constitures a contract but I'm not an attorney asking for clarity.
  • 01-07-2019, 09:30 AM
    pg1067
    Re: Asked to Leave Prior to End of Two Week Notice
    No.
  • 01-07-2019, 09:33 AM
    khandy
    Re: Asked to Leave Prior to End of Two Week Notice
    Does this apply to CA?
  • 01-07-2019, 09:34 AM
    pg1067
    Re: Asked to Leave Prior to End of Two Week Notice
    Unless there are relevant facts you haven't shared with us, my answer to your question is accurate under the laws of every U.S. jurisdiction.
  • 01-07-2019, 09:38 AM
    khandy
    Re: Asked to Leave Prior to End of Two Week Notice
    Thank you appreciate your sharing this information. I want to do the right thing but also don't want to put myself in a bad situation either.
  • 01-07-2019, 11:28 AM
    chyvan
    Re: Asked to Leave Prior to End of Two Week Notice
    Quote:

    Quoting khandy
    View Post
    they still have to pay me for the notice period?

    In CA, you apply for UI to mitigate your wage your loss. That's the closest you'll get to the employer paying you since the UI comes out of the employer's reserve account. Being "fired" because you gave notice is NOT misconduct. You'll be out the waiting week, but you might be happy with your up to $450/wk benefit for the second, and you won't feel like such a loser.

    https://www.edd.ca.gov/UIBDG/Volunta...oEffectiveTime

    "When the employer separates a claimant prior to the effective date of a previously announced voluntary leaving, the separation becomes a discharge if the claimant suffers a wage loss."
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