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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6780
Experience:  Significant experience in all areas of employment law.
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I gave a three weeks notice as they were unable to perform

Resolved Question:

I gave a three weeks notice as they were unable to perform the commitment that was made to me. If they let me go early am I entitled to be paid up until the date I gave? I live in California.
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 10 months ago.
Good evening and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question.

Can you explain in more detail what you mean when you say that your employer was unable to perform the committment made to you? Also, do you have an employment contract which mandates a certain period of advance notice before termination?

I very much look forward to helping you on this matter.
Customer: replied 10 months ago.


I was hired as the Business Development Manager. In my contract it stated I would be given a gas card for traveling I didn't receive it until the forth month of employment after multiple requests - which was the operation managers responsibility. Also, there were issues with clients that were brought on where issues occurred I have an email to prove it from a client. I addressed the issues multiple times along with another co-worker which stemmed from the operations managers lack of wanting to go in the direction that the company hired me for. She was very blunt that she did not sign up for the changes that were being made. When we could not perform satisfactory and no changes were being made with the Operations Manager I realized that my reputation in an industry that I've been in for 23 years was at stake...furthermore, we were getting ready to spend a large amount of money for sponsorships for 2014 this Wednesday. Taking all in consideration I went with my integrity and explained to them it was not working for me due to the items I had listed out for them and that I my last day would be on the 11th of October. I further explained my reasoning was I knew they were going to spend a large amount of money for marketing the following year and I kept that in consideration and that was why I made my decision now. They are no longer spending that money for next year 2014. I do not have in my contract any type of language regarding advance notice; therefore, my question is that I acted on my integrity gave a three week notice, so that I would be able to meet with the team and put together an exit plan so that it didn't affect them in a negative light. They are venturing into a new industry of which I have the knowledge and they do not.


 

Expert:  Patrick, Esq. replied 10 months ago.

Cynthia,

Thank you very much for your reply. I am sorry to hear about everything you went through with this job. It honestly sounds like a very poorly managed company.

Unfortunately, an employee who gives advance notice of their intent to quit may still be let go prior to the date they give as their last day and denied pay beyond that point in time provided the employee does not have a contract that requires advance notice of separation or guarantees their employment for a specified period of time beyond the separation date imposed.

This is because employment in the state of California is "at will" absent an agreement to the contrary and as such can be terminated at any time (even immediately) regardless of what advance notice the employer or employee provides to the other. It sounds like your employer did not do a good job living up to its promises, but that in itself is not illegal, nor does it create an obligation for an employer to compensate an employee for anything beyond the work they actually peformed.

 

Note that if you are still unreimbursed for any company expenses, you can file a claim with the Department of Labor Standards Enforcement to compel payment from your employer. To file with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

I'm sorry the law is not more favorable here to an employee in your circumstance, but I trust you will appreciate my candor. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Have a very pleasant evening, notwithstanding the present circumstances.

Patrick, Esq., Lawyer
Satisfied Customers: 6780
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 10 months ago.


Thank you! I do appreciate your candor and sometimes it doesn't pay to have integrity!

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