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Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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If I give my employer two weeks notice and he lets me go early,

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If I give my employer two weeks notice and he let's me go early, is he required to pay me the full two weeks of wages?
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Unfortunately, if you are an at-will employee (this is if you don't have a contract with your employer or are a member of a union) your employer can terminate your employment at any time for any reason with or without any prior notice.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at
the will of either party on notice to the other. Employment for a
specified term means an employment for a period greater than one

While it is customary to give an employer or employee two weeks of notice, and for the employer or employee to allow the working relationship to end at that point, there is no legal obligation requiring an employer to do so.

Essentially, instead of your resignation, your employer decided to terminate you at the time you gave your resignation, so your employer is not obligated to pay you two full weeks of wages.

However, you would be entitled to unemployment benefits for the two weeks between your termination and your resignation date, since you were terminated through no fault of your own prior to the effective date of your resignation.

I realize that the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.

Since my goal is to provide you with excellent service, please let me know if you have any follow up questions.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Customer: replied 4 years ago.

Interesting about the unemployment claim.... Wouldn't my employer have to pay the EDD for my claim? Thank you.

Actually, your employer doesn't pay the EDD directly for your claim. Their unemployment insurance payment rate would just increase.
Joseph and other California Employment Law Specialists are ready to help you

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 you have future legal questions.

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