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Fired without notice required by employment contract.

Los Angeles, CA |

My employment contract states that I am an at-will employee, however there is a notice clause that requires both parties give 90 days notice. If I was fired without notice, am I correct in thinking that I am owed 90 days? And if so, is it 90 days based on salary paychecks or is it 90 days of a day rate?

Attorney Answers 4

  1. The contract would have to be reviewed to advise you properly.

  2. I agree with Mr. Parikh. A lawyer should really review your contract to see if you have an argument for 90 days of pay.

  3. I agree with my colleagues. The agreement needs to be reviewed by an attorney. An exception to any notice requirement would be if you were terminated for cause. You really need to spend a few hundred dollars for an attorney to review your contract and facts with you. You may also wish to immediately visit the California Development Department website here: Good luck. -- Michael

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email because of my participation.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>

  4. Generally, an at will employee presented with a 90 day notice clause at termination is entitled to be paid for the 90 days. This is a common exception to the general rule related to at will employment. The employer can either continue to employ you for the 90 days, or it must pay you for the 90 days if you are not allowed to work to the end of the notice period. Essentially, the notice provision turns the relationship into a term contract for that 90-day period.

    It would be a good idea to have the agreement reviewed by an employment attorney to be sure the contract does not otherwise change this dynamic.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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