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?
The contract would have to be reviewed to advise you properly.
Employment / Labor Attorney
I agree with Mr. Parikh. A lawyer should really review your contract to see if you have an argument for 90 days of pay.
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: http://www.edd.ca.gov/unemployment/. Good luck. -- Michael
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Employment / Labor Attorney
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.
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