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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1841
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I live in California and I have a employment contract that

Resolved Question:

I live in California and I have a employment contract that states I must give sixty days notice to resign from my job and vice versa, they must give me sixty days notice to terminate. I have accepted a new job offer and I plan on resigning today. If they force me to leave today, are they required to pay me the full amount.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today

Employment-LawExpert :

Are you online with me?

Customer:

yes, I am

Employment-LawExpert :

Welcome to the chat.

Customer:

thanks

Employment-LawExpert :

Whoever actually breaches the agreement would be responsible for the terms of that agreement.

Customer:

What does that mean?

Employment-LawExpert :

So, if you resign, then you would be. If they force you out, then they would be.

Employment-LawExpert :

So, you state "If they force me to leave today." What does that mean to you?

Customer:

So, they can still make me leave this week but will be required to pay me the full sixty days. Are they required to pay me my full amount due if I leave that day.

Customer:

It means they lock me out of my email accounts and terminate me today.

Employment-LawExpert :

Are you an independent contractor or an employee? And does this agreement set up a standard for quiting, but you are an at will employee? Or are you a for cause employee?

Customer:

I'm an employee

Employment-LawExpert :

And do you know if you are at will or for cause?

Customer:

I work for an international company who has offices in California. I believe I'm at cause.

Customer:

The company owes me outstanding commission and vacation pay as well.

Employment-LawExpert :

The assumption would be that you are an at will employee, so it would need to state specifically in your contract that you are for cause, or you would need something which states you have a job for x amount of time as long as you do a good job

Customer:

It states I have a job for 2013 and either party must give sixty day notice to terminate the employment relationship.

Employment-LawExpert :

They are required to pay you the commission and vacation pay by the next regular pay period if you quit. they are required to pay you immediately if they fire you

Employment-LawExpert :

You are entitled to a waiting time penalty of a full days salary for each day you are not paid for that vacation time.

Customer:

They tried to say vacation pay is use it or lose it. I told them that's against the law in California. I earned my vacation pay and is considered part of my salary. I'm just trying to handle the situation in the most positive way and still receive all payments due. I have accepted a position with one of our competitors.

Employment-LawExpert :

You are right that they cannot do that in California. If they don't pay your vacation time you should make a claim with the DLSE who will make sure you get paid.

Customer:

Okay, if I understood you correctly they must pay me the full sixty days if they fire me after resignation. They are required to pay me my full commission and vacation.

Employment-LawExpert :

As for the issue of quitting, if you are an at will employee, they can fire you immediately upon hearing that you are resigning. If you are a for cause employee they cannot. If they do, you would be entitled to the remainder of that 60 days. Usually, the 60 day notice has no actual legal weight unless it says, something like "failure to give notice results in ..." They cannot dock your pay, but they could have you repay things like a moving bonus or signing bonus, etc.

Employment-LawExpert :

Yes, they are required to pay you for all money earned. So, if you have earned your commission they must pay by your next regular pay period. Same with vacation.

Employment-LawExpert :

Does that make sense?

Customer:

yes, thank you. I think you have answered all my questions.

Brandon, Esq., Lawyer
Satisfied Customers: 1841
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other California Employment Law Specialists are ready to help you

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Chat Now With A California Employment Lawyer
Brandon, Esq.
Brandon, Esq.
California Employment Lawyer
1841 Satisfied Customers
Has received a certificate of recognition from the California State Senate for his outstanding legal service.