In California, you can be fired after handing in your 2 weeks notice. While you will not earn your wages, it turns your resignation into a termination. This means you can collect unemployment. If the discharge was in retaliation for you handing in your 2 weeks notice, it can be grounds for a wrongful termination claim.
Is it a wrongful termination if I was fired after providing my 2-week notice?
It is only a wrongful termination if your employer fired you in retaliation for handing in your 2 weeks notice.
California is an at-will employment state. This means your employment relationship can be ended at any time for any lawful reason. Both you and your employer can terminate the employment relationship when desired.
Your employer may have one of several lawful reasons for terminating you after you hand in your 2 weeks notice.
An unlawful reason for terminating an at-will employee is out of retaliation for them exercising their workplace rights. This includes your right to quit, among others.
For example: Helen files an internal complaint against her boss about his sexual harassment at work. Frustrated with its progress, she decides to quit. When she hands in her 2 weeks notice to her boss, he says, “Well if you are just going to quit, why wait? You’re fired.”
How could I prove that it was retaliation for my notice letter?
Proving that your termination was an act of reprisal for handing in your resignation is very difficult. Your supervisor is very unlikely to say that they are firing you because you are quitting.
A few indications that your discharge might have been in retaliation for your 2 weeks notice could be:
- your boss did not want to accept your notice,
- you were fired immediately after handing it in,
- your 2 weeks’ notice upset your boss, or
- other employees who provided their 2 weeks’ notice in the past were not fired.
Establishing an attorney-client relationship and getting the legal advice of an employment attorney from a respected law firm is the best way to figure out if you have a case or not.
Why would my employer fire me if I am trying to quit?
There are a few reasons why some employers would rather discharge you immediately, rather than have you leave after the notice period ends:
- they are concerned that you will take sensitive information with you, like client lists, and want you out of the workplace immediately,
- they do not need your help for the transition process to your successor,
- they are worried that you might do something that hurts the company name,
- they would rather save the 2 weeks of wages, and
- they want to help you collect unemployment insurance.
Do I have to provide 2 weeks of notice before quitting?
There are no California state laws or any federal employment laws that require you to provide 2 weeks notice before resigning. However, just because there is no legal obligation to provide it under state labor law does not mean that you are not contractually obligated to do so. Many employment contracts require 2 weeks notice be provided before you leave.
Before offering your 2 weeks of notice, you should review your employment contract or employee handbook. It should detail the resignation process, such as whether to hand your resignation letter to your boss or to someone in human resources. Your employment agreement should also include any benefits of complying with this process or the penalties of violating it.
For example, some employment contracts offer additional severance pay if you provide 2 weeks of notice. Others may use a company policy that deducts paid time off (PTO) or unused vacation pay if you do not provide it.
You should also consider:
- how quitting without notice would impair your professional reputation,
- the effects that quitting without notice would have on your colleagues or coworkers, who would have to cover for your absence until someone new is hired,
- whether you will need your employer’s recommendation to get a new job, and if quitting on less than good terms would make it less likely that you will receive one, and
- how quitting without a notice of resignation would benefit you.
Under California law, whether you quit without notice also alters when you must receive your last paycheck. If you:
- quit with less than 72 hours of advance notice, you are entitled to your final wages within 72 hours of your final day, or
- quit with 72 or more hours of notice, you are entitled to receive your final paycheck on your last day of work when you resign.[1]
Can I collect unemployment in California?
If you hand in your 2 weeks notice and are terminated, it can trigger your right to receive unemployment benefits. You are entitled to these benefits if you are unemployed through no fault of your own and you meet other eligibility requirements.
In California, the amount of unemployment that you can collect is based on the wages you receive at work. They are capped at $450 per week.
Will my last check include wages from the two-week notice period?
You are entitled to your final paycheck if you quit or are fired. If you hand in your 2 weeks’ notice but are fired, your last paycheck will not include wages for any time during the notice period that you did not work.
Saving those wages is one of the reasons why employers may fire you for handing in your resignation notice.
[1] California Labor Code 202 LAB.
