California Employment Law
California Employment Law Questions Answered by Legal Experts
Hi, thanks for submitting your question today. There is no legal requirement under California law that employers provide severance pay to an employee upon termination of employment. Thus if you quit the employer could refuse to pay you severance.
I have severance pay. I was laid off but I am still working there until the end of the month. They are interviewing for my position with makes it hard to be there. Can I just leave?
You already received the severance pay? Does it state anything in your agreement that you are required to stay to that date to be eligible for the severance pay.
Yes the paper work says that I have to remain there until the end of the month and then I will get 12 weeks of severance pay.
Is this a usual practice? I mean that they can start to interview for my job while I am still there
It's not really tasteful, but there's nothing illegal about that; I'm sorry to say. If you do not stay to the end of the month you will not contractually be entitled to the severance pay.
got it! thanks,
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I was laid off from my job after 23 years. I was told it was for financial reasons and they were eliminating my position. I just saw the job posting on line and the only the job title was changed and the salary they are offering in only a little less than I make now.
Here is the bottom line from a legal information standpoint. California like most states is an employment at will state - meaning you can be disciplined or terminated for any reason that is not otherwise a violation of law. These exceptions are the civil rights protections (e.g., age, race, sex, religion), violations of public policy (e.g., fired for attending jury duty, for refusing to break the law, for reporting illegal activity by the employer (aka a "whistleblower violation"), or having some contractual right to a just cause employment (meaning the employer cannot terminate you without industrial due process - which basically insures a fair and accurate investigation and decision). Without any of these exceptions, courts find that the employer has a legitimate business right to operate its business however it sees fit and the court will not second-guess the employer. These policies and decisions may in fact be awful and clearly not fair or even make good business sense. However, they are not ultimately unlawful.
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