Two Week Notice?

[Up 4 River]

I have a questions for some of you business owners or legal experts on here. If someone puts in a legitimate two week notice to their employer and that same employer turns around and tells them their services are no longer needed three days later is that legal? Is that considered a form of firing someone? If you have any insight I would appreciate it.
Thanks,
U4R

[Racer277]

That's SOP in our industry. They usually figure you're going to a competitor.
Perfectly legal in CA....

[Essex29]

I have a questions for some of you business owners or legal experts on here. If someone puts in a legitimate two week notice to their employer and that same employer turns around and tells them their services are no longer needed three days later is that legal? Is that considered a form of firing someone? If you have any insight I would appreciate it.
Thanks,
U4R
I'm not sure if it needs to be in writing, but if you give notice in writing they are obligated to pay you for 2 weeks, not to say they can't ask you to leave, but they have to pay you.

[hoolign]

You werent throwing the shocker when you gave notice were you??

[Racer277]

I'm not sure if it needs to be in writing, but if you give notice in writing they are obligated to pay you for 2 weeks, not to say they can't ask you to leave, but they have to pay you.
???
So if I give a one year notice, are they obligated to pay me for the year???
Never heard this.

[Havasu_Dreamin]

I'm not sure if it needs to be in writing, but if you give notice in writing they are obligated to pay you for 2 weeks, not to say they can't ask you to leave, but they have to pay you.
Uhhhh, negative on that one. This state has some phucked up employment laws, but that sure as hell aint one of them.
If the employee gives notice, they are what is referred to as the moving party. In this scenario the employee would not be immediately eligible for unemployment benefits. However, if the employer is the moving party, that is they fire you, then the employee is entitled to full unemployment benefits.

[mbrown2]

Normally companies will pay you the two weeks as a standard gesture, but they are not obligated to. They can let you go after you give notice, but normally they do it thinking you are going to the competition...but to not pay you if you have been there for any significant length of time for that two weeks is pretty chicken $hit.
Also, no...this would not be a form of firing someone...it does not matter anyway; if another employer called if you had been fired; I doubt they would let that next employer know.

[Essex29]

???
So if I give a one year notice, are they obligated to pay me for the year???
Never heard this.
I never said anything about a year....It is customary that you give 2 weeks notice, so that is what most companies honor.
This is fact, it may be this way only with larger companies, but it is fact. Most employers will ask you to leave when you tender the notice because of competition. I have actually given notice and knew that they would not let me fulfill it and started with the competitor a few days later.
And I do believe it is part of the CA Labor Law.

[Havasu_Dreamin]

I never said anything about a year....It is customary that you give 2 weeks notice, so that is what most companies honor.
This is fact, it may be this way only with larger companies, but it is fact. Most employers will ask you to leave when you tender the notice because of competition. I have actually given notice and knew that they would not let me fulfill it and started with the competitor a few days later.
And I do believe it is part of the CA Labor Law.
Nope, it isn't part of the law according to my contact in Emloyee Relations.

[Up 4 River]

Its not for me but for a friend of mine who is moving out of state. They are not going to a competitor but just wanted to be curtious to their employer and it kind of backfired.

[Essex29]

Maybe not..I guess I have been one of the lucky ones.

[Rock-A-Bye-Baby]

SOP in my business if the position is a profit generating and commission based position. It protects against a pump and dump where they can take orders or give orders, get paid, then leave. as well, it protects against gathering of information that is sensitive to your organization that could help them when they get to where they are going. and we all know where that is.
alternatively, if it's a clerical position, that two weeks is essential in the effort to get someone in and have the person who is leaving train the new one.
just my $.02

[Havasu_Dreamin]

As MBrown said, typically a company will offer to pay out the full two weeks even if you are not there as a gesture to a departing employee, especially if the person leaving is in any type of critical position, and also to show/send a message to the remaining employees that the company is fair in how it treats it's departing employees.

[Krumbsnatcher]

I have a questions for some of you business owners or legal experts on here. If someone puts in a legitimate two week notice to their employer and that same employer turns around and tells them their services are no longer needed three days later is that legal? Is that considered a form of firing someone? If you have any insight I would appreciate it.
Thanks,
U4R
Did you inform your employer of your leaving in writing? If so then the said employer just granted you to unemployment benefits.
Now if you gave your two weeks notice and they decided to let you go that is also fine, you still qualify for unemployment benefits.
Now if your employer has on record that you were not performing your job to the best of your ability and has given an effort to inform, repremand etc, even going as to assigning you another job. They have demonstrated to the labor board that they are fair and equal.
There is all ways a fine line, the best thing for you to do is to take the unemployment and put this to rest. You may also be able to pick up extra cash in your last check for unpaid vacation days, sick days ane last but not least a severance.
The best job you will ever find is the one you currently do not have.

[ratso]

Its not for me but for a friend of mine who is moving out of state. They are not going to a competitor but just wanted to be curtious to their employer and it kind of backfired.
...name the employer and we'll totally destroy their business via the internet. :crossx:

[1Shockwaveguy]

I have a questions for some of you business owners or legal experts on here. If someone puts in a legitimate two week notice to their employer and that same employer turns around and tells them their services are no longer needed three days later is that legal? Is that considered a form of firing someone? If you have any insight I would appreciate it.
Thanks,
U4R
Legal in CA and IS the same as being fired. I know someone who got unempl. for that same situation

[andy01]

No there is no law that states you must be paid for your two weeks. If you signed an employee hand book when you were hired odds are there is a statement stating "you may be terminated at anytime without writin warning". That would fall under this statment that you signed when you got hired. So with that being said, you may give notice and be let go all in the same meeting. If you were in a higher or some what classified position in the company then they will sometimes walk you to your desk and walk you out the door right then and there. in most of these cases they will pay you for your two weeks. You were polite enough to give notice so in return you are let go on the spot but paid.
Andy

[jas0502]

In California its called "employed at will" . The employer nor employee needs to give a notice, and there is no obligation. The only time when this does not apply is when the employee has been injured, or on work comp/disability, out on "family leave" or has placed a complaint , ie: discrimination or sexual harrasment.
Letting go of an employee(with no obligation for pay) right after they have given notice is very common and legal in california.
You are only due any unpaid wages(earned) and accrued vacation/PTO/sick pay depending on company policy.

[jbtrailerjim]

Its not for me but for a friend of mine who is moving out of state. They are not going to a competitor but just wanted to be curtious to their employer and it kind of backfired.
I wish more employee's were courteous like that. My service manager that works for me, came in and gave me notice on Tuesday and his last day is this Friday. Gee thanks for the whole less than 4 days notice. Focker! :mad:

[River Lynchmob]

The only thing that has to be paid is any earned unused vacation nothing else.

[Up 4 River]

I appreciate the info guys. I learned something new today and will pass it on.
Thanks

[ROZ]

The only thing that has to be paid is any earned unused vacation nothing else.
Exactly.. That's why I use al my descretionary days off before I use any vacation time earned :D

[ROZ]

I wish more employee's were courteous like that. My service manager that works for me, came in and gave me notice on Tuesday and his last day is this Friday. Gee thanks for the whole less than 4 days notice. Focker! :mad:
Maybe he thought you'd be like this guy and let him go... Gotta keep your bases covered, I guess.....

[ROZ]

as well, it protects against gathering of information that is sensitive to your organization that could help them when they get to where they are going. and we all know where that is.
They probably have all contact info backed up anyways... Also, by that time most sales guys are ready to be gone anyways...

[BADBLOWN572]

If I recall properly, if you give a two week notice you are basically saying that I quit at the end of the two weeks. The employer can say that they can relieve you of your two week obligation and can leave at that time, but they can not tell you that you are not allowed to come in without compensating you for the remainder of the 2 weeks. Customary practice when I get a 2 week notice from an employee is to ask them if they would like to leave now and not have to wait the two weeks. If they do, they are leaving by their choice, however I never tell them that they can not come in for the next two weeks without pay because then I would be terminating their employment at that time versus at the end of the 2 weeks that they volunteer for. If you say that they can not come back in and do not compensate them for the two weeks, they are eligible for unemployment due to termination.

[SHAKEN Not Stirred]

I'm not sure if it needs to be in writing, but if you give notice in writing they are obligated to pay you for 2 weeks, not to say they can't ask you to leave, but they have to pay you.
Sorry......Not true......Thank GOD!!!!
Once you give notice, you can be terminated right then.....
If you give at least 72 hours notice, or 2 weeks....you must be paid right when you leave, if you quit on the spot, then you must be paid within 72 hours.....
If your fired, you must be paid in full right then......
We rarely give the ordinary employee 2 weeks, as they just don't contribute what is needed. The good ones get 2 and we try for a bit more.....
Later,
CJG

[HocusPocus]

most companies hire people as "at will" employees. which means they can let you go at any time for any reason and that also means that the employee can do the same.
in my experience after an employee has given two weeks notice.. i wont be getting much work out of them anyway, so its time to let them go. most times it works out to everyones interests.

[meaniam]

Normally companies will pay you the two weeks as a standard gesture, but they are not obligated to. They can let you go after you give notice, but normally they do it thinking you are going to the competition...but to not pay you if you have been there for any significant length of time for that two weeks is pretty chicken $hit.
Also, no...this would not be a form of firing someone...it does not matter anyway; if another employer called if you had been fired; I doubt they would let that next employer know.
it is aginst the law for a former employer to say they firied. or quit. the only legal communication between a former employer and future employer is, how long did the employee work there. between what dates, and what was employees pay. but if they did state information other then that it proably be pretty hard to prove. unless future employeer states what was givin out. alot of companies will not give a opionion on proformance good or bad. as it could lead to litigation.
if you give a two week notice. the employer can depart with you at his or her will. california is a at will state. meaning that you as employee or they as employer can depart with out reasoning or notice. the company does not have to pay you two weeks. but they do have to pay any time earned off.
if you give a 2 week notice, an employeer states that your service are no longer needed. you are now elgible for unemployment there is a 1 week waiting period, that begins the week following the sunday you applied for benfits.
most employeers will not allow a employee to stand around 2 weeks. you would creat a security risk. stealing customers. cuase other employees to aquire about your new job. how much your pay will be. ect. you become like a cancer in the company, and they want to eliminate the spread
hey so this all means there is a job opeaning where? and what did your former employeer pay? where are they located?
j/k
mike

[SHAKEN Not Stirred]

Now if you gave your two weeks notice and they decided to let you go that is also fine, you still qualify for unemployment benefits.
I'm thinking that if they gave 2 weeks notice, then they should have had something already ligned up.....
Voluntary Quit: More than 72 Hours Notice
All wages and accrued vacation earned but unpaid for an employee who quits with more than 72 hours notice to his/her employer are due and payable on the last day of work.1
1. Lab. Code sec. 202
Voluntary Quit: Fewer than 72 Hours Notice
All wages and accrued vacation earned but unpaid for an employee who quits with fewer than 72 hours notice to his/her employer are due and payable not later than 72 hours after notice is given. An employee who gives fewer than 72 hours notice is entitled to receive his/her final wage payment by mail if he/she so requests and designates a mailing address. The date of mailing is considered the date of payment for purposes of the 72 hour requirement.1
1. Lab. Code sec. 202
CJG

[Titan7]

As said before, most employers in CA have "employment at will" arrangements so either party can terminate the employment relationship at any time. When I receive a resignation I will keep them on for the two weeks as long as there was no performance management plan in place i.e. written warnings or probations. Sales reps are escorted out within hour of tendering a resignation as are "problem employees". In a couple situations I have paid the employee two weeks pay in lieu of the notice and walked them out the door, these were complication HR issues. In all honesty many people check out once they resign so more harm can come to the employer by doing this. There really is no "burning the bridge" since we can only confirm dates of employments, positions held, and salary. Too much legal exposure going beyond that for our Corp. legal and HR Dept.
My perspective from 10 years in mgmt with a Fortune 100 Insurance Company.