Gave 3 weeks notice and was fired

What is the name of your state? This is in the state of California. I am in a state of shock.
I recently gave my company notice that I had accepted a offer from another company. The new start date is April 1.
I gave verbal notice on 3/9 and written on 3/10. I said I would complete the month with them.
I received a Voice Message from the General Mgr. That he had spoken with the owner and my last day could be as early as 3/11. He would call me back. My paycheck ending 3/15 was already done. He never called back.
I received a check today. My last pay period in full. I also received a check for vacation time, minus the 2 days from the last pay period check. There is also an offer of Cobra. There is no statement that I was termed. They also called my future employer, making it known to them, that they (old Company) were not happy.
Is this legal? If I was termed on 3/11, I think I should have been paidoff that day or at least informed.
Can they choose to not honor a notice? Three weeks is a long time with no pay for me. There is an 'at will' clause in my contract.
What is the recourse?
Thank you for any info.

vik41 said:

What is the name of your state? This is in the state of California. I am in a state of shock.
I recently gave my company notice that I had accepted a offer from another company. The new start date is April 1.
I gave verbal notice on 3/9 and written on 3/10. I said I would complete the month with them.
I received a Voice Message from the General Mgr. That he had spoken with the owner and my last day could be as early as 3/11. He would call me back. My paycheck ending 3/15 was already done. He never called back.
I received a check today. My last pay period in full. I also received a check for vacation time, minus the 2 days from the last pay period check. There is also an offer of Cobra. There is no statement that I was termed. They also called my future employer, making it known to them, that they (old Company) were not happy.
Is this legal? If I was termed on 3/11, I think I should have been paidoff that day or at least informed.
Can they choose to not honor a notice? Three weeks is a long time with no pay for me. There is an 'at will' clause in my contract.
What is the recourse?
Thank you for any info.

Click to expand...

Welcome to the real world. The employer is not legally obligated to keep you on until YOU decide to leave. Nor are they obligated to accept your resignation. Plainly put, you quit. the time and date matters only to you.

You were not fired. Your resignation was accepted immediately. That is perfectly legal. They have no obligation to honor a notice period. While they have to pay you for any day you actually worked, they have no legal obligation to pay you for your notice period if you don't work it, even if you don't work it at their behest.

I believe that in your state, if they do not honor your notice you may qualify for unemployment for the period before your new job starts.

Thanks for the clarity

I appreciate your quick response.

Can you address the ethics of my former employer contacting my future one?
This is a marketing group where my future employer is a client of the former. I will still have a relationship with the former employer in my new position.

If there were anything ILLEGAL in what your employer did, I would have told you in my initial response. Without knowing more about the relationship between the two companies, no, I am not comfortable addressing the ethics of your old employer conacting the new one. For all I know, the new company could have violated a no-hire agreement between the two companies. (You wouldn't necessarily know about this even if it is the case.)

However, I will say this. EVEN IF it was an unethical thing to do, unethical is not illegal and does not give you legal recourse.

The same thing happened to me twice, once in Georgia and once in Colorado. Both times I gave a 30 day notice only to be escorted from the building. In lieu of your resignation you are hereby ask to leave. And both times I was paid through the end of my notice. I was told by my HR the second time, that if I was not paid through the notice that they would in effect be terminating me and I could potentially receive unemployment or cause legal trouble. The company has the choice to keep you on the premises, unfortunetly for me, I always worked in high risk environments where the company felt threatened by keeping an employee because they might "do something" I would for peace of mind at least call the labor board for your state, because 3 weeks without pay is alot for some people.

As cbg mentioned, there are no states that require payout of notice time if the employer decides to accept a resignation immediately; you can contact the California Division of Labor Standards Enforcement per rs' suggestion, but I'm confident you'd be wasting your time.

You can, however, file for unemployment. The problems here are that 1) you must serve a one week waiting period before benefits are payable and 2) you must be able to work, you must be searching for work, and you must accept a suitable offer if one is made. Searching for a new job when you already have one is not illegal, but it could be considered unethical, if nothing else, since you would be applying under false pretenses; you're not really serious about wanting those jobs. Here's a selection of Fact Sheets regarding UI benefits in California. http://www.edd.ca.gov/fleclaim.htm

Or, perhaps your best option, call the new employer and tell them that the current employer decided not to have you work out your notice, you are available immediately, and could your start date be moved up.

Good luck in your new position.

Thanks to all that replied

Results of your solid advice.
I have added 'immediate acceptance of resignation' to my vocabulary.
I called my new employer offering my services earlier, they complied.
As I was paid by the former thru the 15th on a check that was already on the way, I worked both the days closing issues and teaching one more class, only to find out that the former had deducted the time out of my accrued vacation pay!
C'est la vie.
Thanks again.

I called my new employer offering my services earlier, they complied.

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Glad to hear it. Good luck in your new position.

I guess the moral of the story is don't give your current employer the courtesy of (what I thought was standard) a two-week notice. I cannot imagine why employers would rather their employees just walk off job at the end of the day rather than giving notice but, according to BelizeBreeze, that is the "real world". That is not the case in my world but from what I've seen on this forum, courtesy is non-existent these days. I'm sure it is that way for some employers but not for most.

CBG - to quote you....."If there were anything ILLEGAL in what your employer did, I would have told you in my initial response."
Is this how you would speak to your colleagues or your mother/wife? If so, you must be a real winner to work/live with. If not, then why do you address someone that way on this forum? You're about as respectful as BelizeBreeze which puts you just above "rude as hell".

As for pattytx replying out that the poster can file for unemployement but pointing out that it may be UNETHICAL really made me laugh. If there was anyone displaying a lack of ethics it would be her boss calling her new employer trying to sabotage her new position. It would serve him right to be required to pay his portion of her unemployement benefits.

ljt99; I'm sorry you didn't like my wording. There was no intent to be disrespectful; it was intended to explain the differences between an illegal and an unethical act. Many people mistakenly believe that they can take legal action because of what they perceive as something being unethical. They are mistaken. Unless it is ILLEGAL (caps since there is no way to express emphasis in a written statement without some such method) no legal action can be taken. Please don't read attitudes into my posts that I don't put there.

And FYI, I don't have a wife; I happen to be female.

What is unethical is to state that it is OK for me to be unethical as long as someone else has done something unethical to me .

I calls 'em as I sees 'em.

whoa!

Wow... I am floored Lit99

If you think cbg has an attitude you are as delusional as That Kaiser Actobog Dude....
She is one of the nicest people on this board...

Jeesh... I think I need a break off this board... these people are getting to me.

ENASNI said:

Wow... I am floored Lit99

If you think cbg has an attitude you are as delusional as That Kaiser Actobog Dude....
She is one of the nicest people on this board...

Jeesh... I think I need a break off this board... these people are getting to me.

Click to expand...

I agree, cbg is not a rude person, she gives great advise that should be taken seriously. For the people that think otherwise you are just jealous you do not have the intelligence she has.
ENASNI dont let them people get to you, you are in the right.

I guess the moral of the story is don't give your current employer the courtesy of (what I thought was standard) a two-week notice. I cannot imagine why employers would rather their employees just walk off job at the end of the day rather than giving notice but, according to BelizeBreeze, that is the "real world". That is not the case in my world but from what I've seen on this forum, courtesy is non-existent these days. I'm sure it is that way for some employers but not for most.

Please note that this poster said he resigned to accept a position with a client. That may have created a conflict in interest or the potential for one. This employer may have had a valid reason for accepting the poster's resignation immediately and for calling the client and telling them they were "not happy" with the situation. The client hiring this individual away may have jeopardized the organization's ability to service this client. Note they did nothing to interfere with the poster's employment prospects though.

Based on the information present, it does not appear the poster's employer has done anything unethical.