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Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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As a salaried property manager, who is provided with an apartment

Customer Question

As a salaried property manager, who is provided with an apartment on-site at no charge, I intend to offer a 14-day notice of my resignation. At the end of those 14-days, I will be owed a paycheck to include wages and unused vacation pay, and will promptly vacate the apartment.

Can my employer legally terminate me immediately upon my notice, then withhold wages/vacation pay to compensate for 14-days of Rent for the period I intend to occupy the apartment before moving?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

While your employer may not, under CA law, withhold amounts from your wages for any purpose but for typical taxes, and health insurance, they may legally terminate you as soon as you give your notice. That is very rare though with property managers though because it can take time to get a new manager in there.

All unused vacation pay must be paid to you at termination, as well as all wages due up to the last date that you work for the employer.

While your employer may ask that you pay the value of the apartment for any time that you occupy it while not actively employed as the manager, the employer may not legally deduct the claimed rent from any wages/vacation time that is owed you.

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, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.

Thank you for your positive rating of my service. 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. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have, or simply ask for me by name in the first sentence of your new question:
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.

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LawTalk
LawTalk
California Employment Lawyer
27889 Satisfied Customers
I have 30 years of experience in the practice of law, including employment law and discrimination law.