BKKJames

Hi all,

i'm very excited as on Monday i will be giving my 2 weeks notice at my current position before joining a super new company start of May.

i do have a concern though, i've had friends recently who have given their 2 weeks notice and been told to get out, and others who have been paid and politely askd to leave.

Anyone handed in their notice and just told to 'get with out pay? i do want those 2 weeks pay you see...

Any adice would be much appreciated.

Oh and i live in California.

Cheers,

James

Hotscot

It's not uncommon to be asked to leave immediately when giving notice, but generally you also get the pay due to you since there may be legal ramifications if you don't get paid.

Anyway, that's a general comment, it may or indeed may not apply to your company. Can't you just ask HR?

BKKJames

Thanks for the feedback mate.

it's a small company and the HR rep is practically related to the owners (my boss). A bit of a sticky area hah!

Hotscot

You should be fine, legally they will have to pay you what they owe you.

How did you end up in the U.S. if you don't mind me asking?

Bob

Paying up holiday owed depends on the state, though I think for CA, they have to pay any that's accrued as long as it's not given in arrears type shenanigans.

And yes, plenty of places make you pack up and go right then, but plenty that don't. All depends on the company and how much they need you.

Noorah101

The engineering company I work for has sometimes done the "get out now" thing, but sometimes also not. It just depends on the specific situation in which the employee is leaving.

If they tell you to "get out now", they don't have to pay you for the 2 weeks you thought you'd be working, but they do have to pay you for any unused vacation time.

Rene

malch

You should be fine. Be sure to tell your employer that you are available to work during your two-week notice period.

They can require you to work or they can ask you to leave. But either way, they have to pay you.

CA has pretty strong labor/payroll laws and your employer would be wise to pay you without a second of hesitation. But if they start playing games, tell them you will call these people and then follow through on the threat:

https://www.dir.ca.gov/

[Edit: since you clearly feel less than comfortable, make sure the "available to work" statement is made in writing and retain a copy for your records]

BKKJames

thanks all,

hotscot- I moved here a couple of years on a training visa. I then married my gf a few months ago and am now a conditional green card holder.

malch- that's great advice thank you. I obviously want to gain a reference from my current position but can't really afford to lose out on the 2 weeks pay. I will do everything you suggested however.

I'm an account executive (sales) so I can see why they wouldn't require me for another 2 weeks (i go out and meet clients and give sales presentations) it would look bad for the company if i met with someone then simply left.

thanks again!

mmhendrie

protect yourself. Despite what others have said on this thread - I would urge more caution and research - California is an "at will employment state" - this means, unless you are covered by an employment contract, you can quit at any time, and an employer can fire you at any time. ANY time. You can give your 2 weeks notice and they can immediately ask you to leave. You have to be paid for time worked, and earned vacation (which is deemed earned income in California), but they do not have to pay you for tomorrow, or the next day, or any other part of the 2 weeks notice you gave - because you did not work it.

Have a read here: http://www.employees-lawyer.com/two-...to-my-employer


If you are 'at will', and most privately employed non-union workers are, it really comes down to a judgement call on your end - your knowledge of and relationship with your employer. If you have a crappy employer who you suspect will not "treat you right", you're leaving yourself open. If that 2 weeks pay is critical for you, and you don't need to maintain a relationship with your employer past your employment, and you suspect they won't treat you right, then don't give them the opportunity.

I live in California also. I have seen my company run both sides of this - those that had poor relationships left within an hour of their '2 week notice' and did not return, and others worked out their complete notice. Personally, I would give notice, but I'm sure my employee would pay me for my notice period - but they certainly wouldn't have to by law if they told me not to come back, and I didn't work those days.

[Edit] - here's the reference's in the CA labor code:

Section 2922. 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
month.

Section 2926. An employee who is not employed for a specified term and who
is dismissed by his employer is entitled to compensation for services
rendered up to the time of such dismissal.

-Matt

Saltire67

Although CA employment law is very friendly to employees, I think you need to be prepared to be let go as soon as you hand in your notice as you are in sales, and especially if you are going to another sales job or a competitor.

In a 'at will state' there is no requirement to work notice so you could always wait until your last day and then give notice. This is common practice in the Sales world. Just try not to burn bridges.

Is there anyway you can quietly ask around and see what has happened with people in the past.

Good Luck whatever you decide.

Bob

I wouldn't worry about it.

A lot, most? Will just give position title and dates of employment and nothing else as a reference. Regardless of if they like you or not, just out of liability because they don't want to be sued because you used a reference that was unfavourable or didn't lead to you getting a job.

It's common that no one will bat a eye.

hungryhorace

In England, this would be great. Gardening leave (ie, paid vacation!).

I'm guessing it doesn't quite work like that in CA?

Bob

If you've got a non-compete and senior, yeah, it'll work like that in CA.

Speaking of, MA is one of the few states that a non-compete can be enforced, even for pretty junior roles, so be careful about what you sign. A couple of friends found out they didn't get jobs because of it, even though the place they'd left had gone under...though on paper the owner had kept it alive to get a final royalty revenue pay out

BKKJames

hmmm.

I think I'm going to have to leave it and give a shorter notice. I can honestly pass all the information about my current position to someone else in the space of 3 days so that's what I'll give.

Apoligies for the naviety here, this is my first American position. Of course in England i gave 1 month and even 2 months at my previous postions and no problem. the corporation is king here it seems.

Bluegrass Lass

Well, if they told you to go ahead and leave, could you not just start that much sooner at your new job? That's what my OH planned to do if his company did that to him.