California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Good morning Bob, I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. Congratulations on your new position! You have every right to be concerned as to the employer's reaction to your giving notice. Many employers are counseled by their employment law attorneys to terminate employees on the spot as soon as they give notice of termination---even if that notice is a month or more in advance, because of the risk of employee sabotage during the final weeks of employment by disgruntled employees. Your only remedy if you are let go after giving notice will be unemployment for the time between when you are let go and the date you gave for your resignation, and because the first week you won’t get benefits, and the benefits the second week will generally be less than your usual income. Many employees choose to give no notice, or just a 24 hour notice so as to avoid the financial hardship of the employer's right to terminate you early. You don’t want to put yourself in a position where you are working for both employers at the same time. Your new employer might find that inappropriate. If you are concerned about being let go as soon as you give notice, then the solution is to not give notice. The law does not require it, and future employers will understand when you tell them why you did it. Your new employer certainly will not care. If you have additional questions, you may reply back to me using the Reply to Expert link. Please also keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions. I wish you the best in your future. Doug
Thanks for your reply! I just noticed that your reply is specific to California state law. I live in NC. My current employer is in CT and my future employer is in MA. Does this make a difference to your answer?
Good morning Bob,
Thanks for the follow-up. I apologize for any confusion. Actually, my reply was not specific to CA. Somehow you accidentally caused your question to be placed in the CA employment law category----but that is not important for this question, as the laws of no state require that you give notice of your intent to resign to an employer. My answer is valid for all 50 states, regardless of what state you are employed in, or what state your employer may be based in. You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction. Please remember to rate my service to you when our communication is completed. I wish you the best in 2013, Doug
Thank you for your positive rating of my service, Bob. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:http://www.justanswer.com/law/expert-lawtalk/Thanks again.DougWhen you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
Thanks very much!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).