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Category: California Employment Law
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Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Can an employee retain sinority after a 2 week notice? The

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Can an employee retain sinority after a 2 week notice? The employee has not been on the job for 5 years. Is it legal for them to return with full sinority based on the time with the company before the 2 week notice?
Good morning,

I'm sorry to hear of your confusion.

Unless the employee is a union employee and the union has a contract that guarantees seniority even after an extended absence---absolutely not. An employee who gives notice and leaves a job, loses all seniority regardless of whether they come back after 5 years or 5 days.

The employer is under no obligation to confer seniority on an employee who voluntarily quit.

I wish you the best in 2012.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

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