Do I have to legally give notice for a contact that I only started for 7 days and then my employer put my work on hold?

UPDATED: Oct 1, 2022

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Do I have to legally give notice for a contact that I only started for 7 days and then my employer put my work on hold?

Hi there,

I recently began a contract as an OT with a travel company who contracts with the
school board. I worked for 7 days and then was told I can’t work again until my
live scan comes through, as there was a huge live scan processing delay at the
DOJ level. I have now not worked for 5 days and would like to simply quit at this
point, as the work level and amount of items expected to be completed upon my
return for meetings and assessments are completely unreasonable. My contract has
a 2 week notice clause, however as I have been out of work for a week now due to
my companies negligence of starting me too early prior to having all my
compliance documents in, do I really need to give two weeks notice?
Thanks, Michelle

Asked on October 30, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you would have to provide notice since the contractual obligation is for YOU to provide the notice when you intend to resign or quit. That you have not been able to work for reasons out of your conrol--e.g. the problem with scan processsing--does not alter your own contractual obligations.

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 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.

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