Can an employee be let go after they give their 2 week notice?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can an employee be let go after they give their 2 week notice?

If the employee or employer decide that it is not in the best interest of the company for the employee to work out their 2 weeks’ notice period, is the employer obligated to pay out the full 2 weeks to the employee?

Asked on July 12, 2011 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you unfortunately are not entitled to be paid for the 2 weeks in question. The fact is that an employer need only pay an employee for the time that was actually worked. While giving a 2-week notice is a courtesy on the employee's part, an employer need not extend the courtesy the other way.  Absent something like a union or employment contract which provides for different treatment or this is in violation of company policy, your employer's actions are legal.  However, if you feel that discrimination played some sort of role, you may have a claim.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption