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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35374
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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i am a sales rep and will be giving my current employer a 2

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i am a sales rep and will be giving my current employer a 2 week notice soon. I am concerned that they will not pay me for the 2 weeks of notice. Should I then give my 2 week notice and have my new employment start date the same day? Would this jeopardize anything with my new employer? If I did this this coming Monday, my new manager would know that it would not be giving 2 weeks but when HR said I cleared my background check this week, they said I could give notice this week and start as early as this Monday (under 2 weeks notice). Also, would this compromise my ability to get hired elsewhere in the future when a new/different employer does a background check and sees a 2 week overlap of employment? I am looking to stay at my new employer for as long as possible but am obviously interested in the answer to the last question too. Thanks!

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

Customer: replied 3 years ago.

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

LawTalk and other California Employment Law Specialists are ready to help you

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.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

Customer: replied 3 years ago.

Thanks very much!

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