What are my rights if I provided my company 30 days notice but they immediately discharged me?

UPDATED: Sep 30, 2022

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What are my rights if I provided my company 30 days notice but they immediately discharged me?

Don’t they have to pay me for the 30 days? HR says no but that seems pretty shady. Why would anyone give fair notice if they could immediately be discharged? Do I have any rights as far as that goes? Also, they still owe me $571 in reimbursements and mileage but won’t respond to my emails about it. They were officially submitted to accounting before I left and I have since sent HR 2 requests for the reimbursements with receipts and details yet no response. What can I do? I figured small claims court but anything else?

Asked on January 1, 2016 under Employment Labor Law, California


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

Answered 7 years ago | Contributor

Unfortunately, you do not have a legal claim here. The fact is that giving notice is a courtesy on an employee's part, however an employer need not extend the courtesy the other way. Therefore, unless you have something such as employment contract or union agreement which provides for different treatment or this is in violation of company policy (either written or runs counter to the way in which other employees in the same situation have been treated), your employer's actions are legal. Therefore, you aren't entitled to any pay for the month since an employee need only be paid for the time that they actually worked.
Note: If you feel that discrimination played some sort of role, you may have a claim. However, you did not indicate this to be the case.
As for the reimbusements that are owed to you, I'm afraid that small claims is your only viable option here. You could file a complaint with your state's department of labor (in CA it's the Industrial Relations Commission I believe) but for the small sum in question probably not much will happen.

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