Can my employer require a 30 day notice and then let mr go?
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Can my employer require a 30 day notice and then let mr go?
I believe that my employer has misclassified me as 1099. My contract said I had to give 30 day notice but they messaged me back and said that having employees there are giving notice has not worked out in the past and that I could not come back to work. I am wondering if they can do this because they are the ones who required I give them 30 days and now I am out of work for the next month.
Asked on July 27, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Was there an employment or other such agreement that required your 30 day notice be honored? Did your employer's action constitute some form of legally actionable discrimination? If not, then your immediate dismissal was legal. The fact is that in an "at will" employment relationship, a company can set the terms and conditons of employment much a it sees fit. And this is includes when and why to discharge an employee.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless you have a written employment contract which specifically requires them to give *you* 30-days notice, this is legal: without a specific contractual notice requirement, employment may be terminated at will, without notice. Contractual obligations are enforced as per their plain language and do not have to be even-handed, fair, or reciprocal, so if the contract requires you to provide them notice, but does not require them to provide notice to you, that is legal and enforceable.
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