Will Your Employer Pay You After Your Two-Week Notice?

If an employee gives their employer their two weeks notice, they are more likely to receive all of their outstanding wages on their final day of work. Here’s everything you need to know about employee pay after a two weeks notice.

California employees are not required by law to give their two weeks notice to their employer. In some cases, the employment contract may require the employee to notify their employer of their resignation within a certain time window. The company policy may also require the employee to provide such notice. Employers are required to pay employees even after receiving a two weeks notice. Providing two weeks’ notice allows employers more time to pay outstanding wages and may alleviate any legal deductions that arise from unpaid wages at the time of the employee’s resignation.

Related: Can an Employer Sue an Employee for Poor Performance?

What is an Outstanding Wage?

Outstanding wages are any unpaid salary payments at the time the employee leaves their job. Outstanding wages relate to the current year but have not yet been paid. The employer still owes this money to the employee and should be recorded as a debit wages expense.

Benefits of Giving Two Weeks Notice

Subdivision A of Labor Code Section 202 requires employers to pay their employees any of their unpaid salaries and for their unused vacation days. A benefit associated with giving a two weeks notice can be that the employee will leave on better terms with their employer. The employer will also have more time to efficiently compensate their employee for any wages that have not yet been paid, and therefore these wages will not be conditionally added to the employee’s severance payment.

Related: Can an Employer Sue an Employee for a Mistake?

Risks with Giving Two Weeks Notice and Pay

There are also some risks to consider when providing a two weeks notice. Some employers may take advantage of the employee’s notice of resignation and terminate them prematurely, therefore avoiding the payment of any outstanding wages or vacation time. In California, it is legal for an employer to terminate an employee before their set resignation date. A solution to this risk may be for the employee to provide a shorter period of time for their notice. It may also be helpful for the employee to learn how former employees have approached their resignation schedule in the past.

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If you or a loved one would like to know more about employee pay after a two weeks notice, get your free consultation with one of our California Employment Attorneys today!