mmhendrie

my advice to friends is if in doubt, look after yourself. If you can feel relatively sure they won't screw you when you give notice, then great. Giving notice is the "right thing" to do. But, if you really think there's a chance they'll tail you out the door without any more pay, then don't take the chance. At the end of the day, missing 2 weeks pay can be critical for some people, but replacing a single employee is unlikely to be critical for most employers.

RICH

If your boss is any good, he has a succession plan, in the event you drop dead overnight. That will work just as well if you call in "quit".

If he is no good, he might let you stay while he tries to figure out how to manage without you.

"At Will" works both ways!

md95065

Since California is an "at will" state the OP isn't under an obligation to give any notice at all unless they have a specific employment agreement (which I assume they do not).

So, if the two weeks pay really matters more than anything else, just work the two weeks and tell them on your last day that it is your last day ...

TimFountain

No they don't. It depends on your contract, who you are going to work for and a bunch of other things specific to the situation. I know this from experience....

md95065

Yes - I think this was already covered earlier but, absent an employment contract that specifies otherwise, in California the employer's only obligation when an employee leaves is to pay them for the hours actually worked and for any accrued vacation - nothing else.

scrubbedexpat091

While there is always the risk of being discharged upon giving notice, I've never personally seen a company do it. But in California as said they do no have to pay you, and the resignation can result in a discharge immediately if the employer so chooses.

Not giving notice ruins any chance at a reference, but because of being California some companies won't provide a reference anyhow to protect themselves from lawsuits.

If you are discharged immediately, the employer is required to provide your final pay and vacation accrued up to the time of termination. So don't let them play the we will pay you in 2 weeks game some places like to do.

I just gave my employer two weeks advance notice that I was quitting. Instead of letting me work until the date of my resignation, he told me that I was discharged, and instructed me to collect my personal belongings and leave. Upon leaving he gave me a check for all wages earned up through my last hour of work. Am I entitled to be paid for the time that I gave notice? Additionally, when must my final wages be paid?

A.You are not entitled to any wages for the notice period because you did not perform any work during that period. For the purpose of wage payments, your employer changed a quit into a discharge, and all of your earned wages became due and payable immediately at the time he terminated you.


(This is all assuming you don't have a specific contract, which would change things.)

Michael

It mostly depends on whether you are working for a mom and pop organization who seem to do whatever they like. The vast majority of businesses that are not mom and pop organizations will honor their commitments just as they expect you to honor yours. So unless you feel that your employer is not reputable, I'd give the 2 weeks notice. Also if they won't honor their commitments, they'll also probably give a bad reference if your new employer asks for one since they are unlikely to be sued over a false reference since they don't have deep pockets.

md95065

... and, normally, that comittment doesn't go beyond what is required by law ...

Michael

It's usually in the company policy guide (usually available to employees) just like severance pay. But if it is a mom and pop organization, normally there isn't a company policy guide.

scrubbedexpat091

So true. I am working for a small business right now, and have in the past, and this is 100% spot on from my experience as an employee. People would be amazed at how shady small business owners can be.

You really only have 2 options when working in a small business that is unpleasant, suck it up, or quit. No HR to go to, the government generally doesn't care either as they are small fish not worth going after.

BKKJames

Hi All,

So I just decided to give my 2 weeks in (I was bored of the place didn't want to stay any longer) and as many suggested they asked me to leave and didn't pay me for the 2 weeks. As they didn't have too (that's what your loyalty gets you). I hinted at writing a good Glassdoor review if they gave me something but nothing...

I did want to see if I could collect unemployment for those 2 weeks (My new job starts on Monday) I'm not sure how the laws would work with that...

EDIT- Just read this article- http://www.avvo.com/legal-guides/ugc...yment-benefits.

But I'm not sure if I'm eligible as I'm on a Green Card (Conditional). Would this have any affect for when I go and visit USCIS to get it renewed in 2 years time?

hungryhorace

Absolutely none whatsoever.

Noorah101

It will depend on whether you quit, or if you were let go. You can certainly apply, but the employer can dispute the claim.

Being a US PR does not disallow you to get unemployment benefits.

If you do get such benefits, it will not affect the removal of conditions (not renewal) process.

Rene

hungryhorace

Personally, I wouldn't even waste your time. You'll be lucky to couple a hundred bucks in welfare, when you could spend those two weeks as extra vacation time going and seeing America with another good job to come back to! I know what I would do..!

Bob

It's not worth bothering.

The OP quit, so isn't eligible and it usually takes up to a month before they start paying out, admittedly the first payment is back dated but still, won't help the OP.