What are my rights if I provided my company 30 days notice but they immediately discharged me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I provided my company 30 days notice but they immediately discharged me?
Don’t they have to pay me for the 30 days? HR says no but that seems pretty shady. Why would anyone give fair notice if they could immediately be discharged? Do I have any rights as far as that goes? Also, they still owe me $571 in reimbursements and mileage but won’t respond to my emails about it. They were officially submitted to accounting before I left and I have since sent HR 2 requests for the reimbursements with receipts and details yet no response. What can I do? I figured small claims court but anything else?
Asked on January 1, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Unfortunately, you do not have a legal claim here. The fact is that giving notice is a courtesy on an employee's part, however an employer need not extend the courtesy the other way. Therefore, unless you have something such as employment contract or union agreement which provides for different treatment or this is in violation of company policy (either written or runs counter to the way in which other employees in the same situation have been treated), your employer's actions are legal. Therefore, you aren't entitled to any pay for the month since an employee need only be paid for the time that they actually worked.
Note: If you feel that discrimination played some sort of role, you may have a claim. However, you did not indicate this to be the case.
As for the reimbusements that are owed to you, I'm afraid that small claims is your only viable option here. You could file a complaint with your state's department of labor (in CA it's the Industrial Relations Commission I believe) but for the small sum in question probably not much will happen.
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 AttorneyPages.com 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.