Can an employee be let go after they give their 2 week notice?

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Can an employee be let go after they give their 2 week notice?

If the employee or employer decide that it is not in the best interest of the company for the employee to work out their 2 weeks’ notice period, is the employer obligated to pay out the full 2 weeks to the employee?

Asked on July 12, 2011 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

No, you unfortunately are not entitled to be paid for the 2 weeks in question. The fact is that an employer need only pay an employee for the time that was actually worked. While giving a 2-week notice is a courtesy on the employee's part, an employer need not extend the courtesy the other way.  Absent something like a union or employment contract which provides for different treatment or this is in violation of company policy, your employer's actions are legal.  However, if you feel that discrimination played some sort of role, you may have a claim.


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