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Category: California Employment Law
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Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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If a new employee (at will employee) quits after only a few

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If a new employee (at will employee) quits after only a few hours work during which she was being trained, are we as the employer required to pay her for the hours at the office?  (she was at office for 5 hrs)

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion.

Under CA labor law, any employer who does any work for the employer, even while training in on a new position, must be paid for that time. Even an employee who, like yours, quit after just a few hours.

The place of final wage payment for employees who quit without giving 72 hours prior notice and who do not request that their final wages be mailed to them at a designated address is at the office of the employer within the county in which the work was performed.

Payment must be made within 72 hours for an employee who quite without at least 72 hours notice.

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I wish you the best in 2012,

Customer: replied 4 years ago.

Thank you. As the employee was leaving, she said she did not want to be paid. And she is currently on unemployment. Would paying her affect her unemployment benefits?

You MUST pay her under the law. The report to Unemployment that she quit after 5 hours. You will have done your job. She thinks that she can just quit every job until she finds one that suits her---that is NOT the way it works. Pay her, and report her to EDD.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Would you please rate me highly now, based on my assistance to you in understanding the law.

I wish you the best in 2012,

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