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  1. #1
    Join Date
    Feb 2017
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    6

    Lightbulb Are You Still Actively Employed During the Notice Period of a Resignation

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

    I resigned from my company giving 2 weeks notice. They accepted the 2 weeks and said I should work on transitional work for 3 days and then stay home and not engage any longer until the end of the 2 weeks. I have some RSU vesting during that remaining period and it looks like I will get them only if I am "actively providing work". Would that period where I am asked to stay home considered "actively providing work"?

    Thanks

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Are You Still Actively Employed During the Notice Period of a Resignation

    Let me clarify something because it matters to the answer. The dates are made up for purposes of example.

    On February 1, you give notice, stating that your anticipated last day of work will be February 14. The company asked you to work on February 2, 3 and 4, and then stay home, coming back to work on February 14? Nor not to come back at all?

  3. #3
    Join Date
    Feb 2017
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    6

    Default Re: Are You Still Actively Employed During the Notice Period of a Resignation

    you are right. The said that they accept my 2 week notice (up to Feb 14) and that I work until Feb 4 end of day on transitional work. They don't mention what I should do or not do after except not engage with customers/partners. It's only on the phone that HR told me it was the equivalent of a garden leaf period. They don't mention if I should come back on Feb 14 or not.

    thanks

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Are You Still Actively Employed During the Notice Period of a Resignation

    Are you being paid for the time up to the 14th (in our example?

  5. #5
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Are You Still Actively Employed During the Notice Period of a Resignation

    Quote Quoting brahak
    View Post
    that I work until Feb 4
    Assuming they didn't pay you after Feb 4, you should have filed a claim for unemployment. If they didn't hand you a paycheck at the end of the day on Feb 4, you should file a wage claim with DLSE for wait time.

  6. #6
    Join Date
    Feb 2017
    Posts
    6

    Default Re: Are You Still Actively Employed During the Notice Period of a Resignation

    I will be paid until the end of the 2 weeks yes.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Are You Still Actively Employed During the Notice Period of a Resignation

    You got that I'm using hypothetical dates to make the discussion easier, right?

    And the "garden leave" issue complicates matters slightly. So how about we wait for the poster to answer before we start advising on legal claims that may or may not exist?

    (I know what you're getting at, and in most cases I'd agree with you. This one is slightly off the norm.)

  8. #8
    Join Date
    Feb 2017
    Posts
    6

    Default Re: Are You Still Actively Employed During the Notice Period of a Resignation

    I am using your "hypothetical dates" yes :-)

    The garden leaves is not mentioned explicitely in the email response to my resignation, but I find odd the mention of a specific date for transition work..

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Are You Still Actively Employed During the Notice Period of a Resignation

    I was talking to the poster above you.

    Okay, now more clarification is needed. "Garden leave" is not a term used often in the US, but it is occasionally used in California. I understood, from your second post, that your HR had specifically referred to the period (in our hypothetical dates) between the 5th and the 13th as "garden leave". Did they, or did they not, use that phrase?

    And either way, are you being paid for the time after the 4th (in our example)? That is really a key point to whether you are considered actively employed or not.

  10. #10
    Join Date
    Feb 2017
    Posts
    6

    Default Re: Are You Still Actively Employed During the Notice Period of a Resignation

    They do NOT mention "garden leave" in writing, it was only mentioned on the phone.
    They will pay me to the end of the 2 weeks so for the Feb 5 to Feb 13th in that example.
    thanks for all the quick replies by the way!

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