I am an employer in California. One of my less than stellar employees has just resigned with a two month notice. I would prefer to just show him the door and accept his resignation without paying him anymore.

However, I feel if I let him go, I might be on the hook for unemployment. Is this the case in California? What are an employer's right for reducing the period of notice when an employee resigns?

Thanks for the help.

  • 4
    You'll need to talk to your HR, or even better, a lawyer who can tell you what both your and the employee's obligations are. – Jane S Jul 21 '15 at 4:54
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    You could try negotiating a more mutually agreeable end date. – stannius Jul 21 '15 at 5:48
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    Have you tried just asking him? He may be eager to get to his new company, the company may be eager to get him. Start by just suggesting you would be prepared to waive the notice period. – DJClayworth Jul 21 '15 at 13:54
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    Suggest you contact the California Department of Labor. They can answer your questions concerning CA labor law. – HLGEM Jul 21 '15 at 14:07

If they are an at-will employee they can be terminated, but do remember that in certain cases you will owe them unemployment benefits if you do.

  • They are at will and there is no contract. Can you provide any reference to the law the is at play here in California? – Gregg Harrington Jul 21 '15 at 6:22
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    Legal advice is generally out of scope here. I believe there is now a Law SE.... – keshlam Jul 21 '15 at 14:33
  • Thanks for the thoughts everyone. Turns out this is a giant grey area. – Gregg Harrington Jul 24 '15 at 22:34

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