If I resigned and gave a 30-day notice, can my board tell me that today was my last day?

Per my contract it states that either side is to give a 30-day notice. They said due to money concerns they would make today my last day. I also have 15 hours of comp time. Since I have my last day as a day next month, do they legally have to pay me to that date?

Asked on March 21, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In the absence of an employment contract, a company does not need to respect notice and could terminate an employee effective immediately. But an employment contract is enforceable as per its plain terms--if the contract says that your employment is only terminable on 30 days notice, they have to either let you have that 30-day period or at least pay you for it (i.e. they could tell you to stay home, but pay you).

As to comp time--for a definitive answer, you should consult about the specifics of your case with an employment law attorney; as a general matter, whether you need to be paid for it depends on--

1) If your contract states what happens to comp time on termination or resignation, follow its terms;

2) If the contract does not address this issue, then look to your company's policy, as set out in memos, an employee handbook, or as demonstrated by what they've actually done in similar cases; the company should follow its own policy.


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