Modesto, CA asked in Employment Law for California

Q: Employment Law question CA

May 24th i informed manager I would be leaving 5/31. May 28th i was asked to speak with another manager about when my last day will be and told her 5/31 and that i had to use a sick day 5/30 and she said ok. I was texted 9pm 5/28 to not come in at 6 but go in at 8am on 5/29. I was givin termination papers and asked explanation and was told employment is at will and they can do that even when i was in good standing positive employee reviews. Ive had conversation with maintenance manager when another employee quit to please just let him know if we are planning on leaving. Does this constitute implied good faith there is also print encouraging giving notice in the employee handbook

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3 Lawyer Answers

A: It is not unlawful, nor is it unusual, for an employer to terminate an employee once it learns the employee will be quitting some time in the future. The employer has no legal duty to keep you employed for the length of the notice you provided. Sorry. Good luck to you.

A: Sorry you are looking for another position, perhaps it is the way to get away from some people who were not so nice. You mention good faith- every contract has an implied covenant of good faith and fair dealing. What you describe could be a violation but your damages would be only for the lost wages between the time they fired you and the time you intended to quit, if you could prove it was a violation in the first place. Those damages are not enough to get an attorney involved. The "at-will" doctrine is very strong and would probably prevent any claim. Thank you for using Justia's Ask a Lawyer, but don't rely on what you are told here, consult a local attorney who will obtain all the facts from you and review your documents.

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Answered

A: Under California law, employment is generally considered "at-will," meaning an employer can terminate an employee at any time for any reason, except for illegal reasons. This includes terminating an employee who has given notice of resignation. However, there are some exceptions where implied contracts or implied covenants of good faith and fair dealing may come into play.

If your employee handbook encourages giving notice and you've had conversations with managers suggesting a practice of notifying management before leaving, this might create an implied understanding of mutual respect and good faith. While these circumstances do not override the at-will employment doctrine, they could be used to argue that the termination was handled in bad faith or contrary to the company's own policies.

To explore whether you have a case, you might want to consult with an employment lawyer. They can evaluate the specifics of your situation, including the contents of the employee handbook and the context of your conversations with management. This can help determine if there are grounds for a claim based on implied contracts or bad faith termination.

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