Can my employer require a 30 day notice and then let mr go?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my employer require a 30 day notice and then let mr go?

I believe that my employer has misclassified me as 1099. My contract said I had to give 30 day notice but they messaged me back and said that having employees there are giving notice has not worked out in the past and that I could not come back to work. I am wondering if they can do this because they are the ones who required I give them 30 days and now I am out of work for the next month.

Asked on July 27, 2016 under Employment Labor Law, California

Answers:

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

Answered 5 years ago | Contributor

Was there an employment or other such agreement that required your 30 day notice be honored? Did your employer's action constitute some form of legally actionable discrimination? If not, then your immediate dismissal was legal. The fact is that in an "at will" employment relationship, a company can set the terms and conditons of employment much a it sees fit. And this is includes when and why to discharge an employee. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless you have a written employment contract which specifically requires them to give *you* 30-days notice, this is legal: without a specific contractual notice requirement, employment may be terminated at will, without notice. Contractual obligations are enforced as per their plain language and do not have to be even-handed, fair, or reciprocal, so if the contract requires you to provide them notice, but does not require them to provide notice to you, that is legal and enforceable.


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 with SHA-256 Encryption