Must a 2-week notice be honored?

I am employed at a fast food restaurant . I have been employed for 3 years and I was planning on leaving my job on 7/31. As a courtesy I let my General Manager know that I was planning on leaving on that date and I would give him a two week notice on 7/17. On 7/10 he asked me to write my two week notice so that he could put it on file. I informed him that I was not planning on giving it to him till the 7/17 but he insisted for me to write the notice. I wrote the 2 week notice and dated it as 7/17/ and gave it to my General Manager. On 7/11 I was working on my scheduled shift and my District manager, who creates the schedules, informed me that she would not be scheduling anymore. Is this legal?

Asked on July 11, 2015 under Employment Labor Law, California


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

Answered 5 years ago | Contributor

As you yourself said, you gave this notice as a courtesy. And the fact is, this is all a 2-week notice is...a courtesy...your are not legally bound to give it and your employer is not legally bound to honor it. So unless not scheduling you for any more hours violated an employment contract, union agreement, existing company policy or the like, it was legal. Also, no form if actionable discrimination must have been the reason for your treatment. The fact is that in an at will work relationship (and most are), an employer can dismiss an employee at any time it chooses, with or without notice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.