What is California's law for giving notice of resignation?

Question

I work in California (Los Angeles County) and about to give my letter of resignation. I have been trying to find info on the net if I am entitled to get payed for my entire notice if terminated early. Does anyone know what the Labor Law is in California?

Answer 1

Though I have found some references for you below, I believe that you are ultimately at the mercy of your employer regarding their decision to honor your resignation terms. California is an "at-will" state, which means that while you can resign without notice or reason, your employer may also terminate you without reason, or notice. Stick up for yourself and know your rights!

The California Labor Code specifies that an employee who is terminated is owed all final wages (including unused vacation) at the time of termination. Make certain that you have documentation in advance that demonstrates your unused vacation. The same applies to a layoff (unless there is a return-to-work date within the same pay period). If an employee quits giving fewer than 72 hours notice, the employee must receive final wages within 72 hours of quitting. An employee who quits giving more than 72 hours notice is entitled to receive a final paycheck on the last day of work.

A waiting time penalty equal to the employee's daily rate of pay may be assessed against the employer for each day that overdue final wages remain unpaid (up to a maximum of 30 days).

Here's some online documentation:

"If you are fired or laid off from your job, all wages (including accrued, unpaid vacation time) should be paid in full at the time of termination. If you quit your job and give more than 72 hours' notice, all wages should be paid at the time you leave your job. If you give less than 72 hours' notice, all wages should be paid within 72 hours."

Legal Aid Society California Wage and Hour Law, An Overview
http://www.las-elc.org/wageoverview.pdf

"A new law, AB 2410, effective January 1, 2001, amends certain provisions of the California Labor Code... The changes are to Labor Code Section 200 - 211 and 215 - 219, which pertain to payment of wages upon termination, posting requirements and penalties.

The key components are:

Employees who are dismissed must receive their final payment of wages on the day of dismissal at the location where they have worked.

Employees who resign after giving at least 72 hours (3 days) notice must receive their final payment of wages on their last day of work at the location where they have worked.

Employees who resign without giving at least 72 hours (3 days) notice must receive their final payment of wages within 72 hours (3 days) of their last day of work. At the employee’s request payment of wages may be made by mail and the date of mailing shall be the date of payment for purposes of meeting the requirement of payment within 72 hours."

University of California at San Francisco
http://ucsfhr.ucsf.edu/policies/campus/info.html?x=239

"An employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. Labor Code Sections 201 and 227.3

A group of employees who are laid off by reason of the termination of seasonal employment in the curing, canning, or drying of any variety of perishable fruit, fish or vegetables, must be paid within 72 hours after the layoff. Payment shall be made by mail to any such employee who so requests and designates a mailing address therefore. Labor Code Section 201

Check this link:
http://www.dir.ca.gov/dlse/FinalPay.pdf

An employee engaged in the production of motion pictures who is laid off and whose unusual or uncertain terms of employment require special computation in order to ascertain the amount due, must be paid by the next regular payday. However, if such an employee is discharged, payment must be within 24 hours after discharge, excluding Saturdays, Sundays, and holidays. Labor Code Section 201.5

An employee engaged in the business of oil drilling who is laid off must be paid within 24 hours after discharge, excluding Saturdays, Sundays, and holidays. Labor Code Section 201.7

An employee without a written employment contract for a definite
period of time who gives at least 72 hours prior notice of his or her intention to quit, and quits on the day given in the notice, must be paid all of his or her wages, including accrued vacation, at the time of quitting. Labor Code Section 202

An employee without a written employment contract for a definite
period of time who quits without giving 72 hours prior notice must be paid all of his or her wages, including accrued vacation, within 72 hours of quitting. An employee who quits without giving 72-hours prior notice may request that his or her final wage payment be mailed to a designated address. The date of mailing will be considered the date of payment for purposes of the requirement to provide payment within 72 hours of the time of quitting. Labor Code Section 202

The place of the final wage payment for employees who are terminated (or laid off) is the place of termination. The place of final wage payment for employees who quit without giving 72 hours prior notice and without specifically requesting that their final wages be mailed to them, is at the office of the employer within the county in which the work was performed. Labor Code Section 208 Therefore, it is imperative that an employee who quits without giving 72 hours prior notice return to the office of the employer 72 hours after quitting and request his or her final wage payment.

Direct deposits of wages to an employee's bank, saving and loan, or credit union account that were previously authorized by the employee are immediately terminated when an employee quits or is discharged, and the payment of wages upon termination of employment in the manner described above shall apply. Labor Code Section 213(d)

An employer who willfully fails to pay any wages due a terminated
employee (discharge or quit) in the prescribed time frame may be assessed a waiting time penalty. The waiting time penalty is an amount equal to the employee’s daily rate of pay for each day the wages remain unpaid, up to a maximum of thirty (30) calendar days."

California Division of Labor Standards Enforcement
http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

Here you'll find the applicable portions of the California Labor Code:

Official California Legislative Information
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=200-243

Google search strategy:

Google Web Search: "california" + "final wages" + "72 hours"
http://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=california+%22final+wages%22+%2272+hours

I hope this helps. If anything is unclear, or if a link doesn't work
for you, please request clarification; I'll be glad to offer further
assistance before you choose the best answer.

Good Luck to you! Stick up for yourself!!!

Answer 2

Letter Of Resignation Without Notice

Answer 3

Notice Of Resignation

Answer 4

California is an "at will" state as people have said.

But what matters is what the company's stated policy is about termination. This overrides "at will". If they do not follow their own policies, you can sue them and win. Companies are bound by their own policies. The Dept. of Labor does not look kindly at companies/organizations that say one thing and do another.

So look LA County's labor policies.

Answer 5

California is an employment at will state. This means you can leave without notice or once you give your notice, you can be asked to leave immediately without any pay for unworked time. Your employer is required to pay you for all hours worked, including unpaid vacation, within 24 hours if they dismiss you once you provide your notice.

Answer 6

Depends on your hiring. Most people are hired "at will" employment. You can walk way on the same day.

The law only entitles you to be paid for actual work performed and accrued vacations.

Answer 7

Depends on the kind of job you have and if you signed an "at will" employment offer. If you give two weeks and company security is important to your job, they an let you go after you give notice. Go to findlaw.com and search some cases

Answer 8

Can you elaborate?