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Many states in the US are at will employment states which mean that employers may fire employees whenever they want to unless it is based on race, religion, age or gender. This doctrine also allows the employees to quit their jobs at their will without giving any notice to the employers. The employees may have certain rights as per these laws like right to remaining vacation time, annual leave and personal day’s pay as a part of the payment on termination of the employment. The employees may also be allowed to continue with their health benefits for a period of 18 months after they leave their job. Given below are some of the questions that have been answered about quitting without notice. Would a company be required to pay a person by the minute if he/she quits if the company has a policy of paying in 15 minute increments?
If the company is able to prove that the employee was trying to defraud, then it may not have to pay the extra time. In some situations, even though the company may not be required to pay by the minute, the policy may be challenged by the employee. Hence, it is important that the company makes sure that the employee’s work time is averaged out while rounding off the work time. One way to do it is to make sure that the rounding up of the start time is in the employee’s favor and the rounding down of the end time is in the employer’s favor. The bookkeeper of a company leaves her job without notice and writes two checks for herself. Can the employer take criminal action against her for writing and cashing these unauthorized checks?
Any employee who quits his/her job may not be authorized to write checks. Any payroll or vacation time that the employee may have will be paid to him/her only at the next payroll date after he/she quits. If a situation like the one mentioned above occurs, the employer may ask the employee to return the checks or file charges for theft. An employee leaves the company without notice and does not return many things that were issued to him/her by the company. Can the company in such a scenario deduct the cost of the items from the employee’s final paycheck?
The California Labor Code has given instances when an employer may deduct the money from an employee’s final paycheck and when he/she may not. These circumstances are as given below:
• When he/she is empowered to deduct these expenses by state or federal law
• When the employee authorizes the deductions for insurance premiums, benefit plans and other deductions
• When the deduction for health purposes or pension contributions are authorized by the wage or collective bargaining agreement. In this case, the employer may file criminal charges against the employee and file a small claims suit against him/her. Will a person’s unemployment benefits be affected if he/she quits his/her job without giving a 30 day notice to the employer though the employment contract requires a notice?
In most situations, people who quit their job voluntarily may not get unemployment benefits. It would not matter whether the individual gave the notice or not. If there is any conflict between the state law and the contract of the company, the state law will prevail. The only time this may not happen is when the contract states that the individual is waiving his/her rights under the state law. The nanny quits her job without providing any notice. Can an individual, in such a situation, sue the nanny because he/she had to get emergency child care?
If the nanny had an employment contract which she did not follow, the individual may sue the nanny for breach of contract. In such a case, the court will look into the matter and award appropriate charges. An employer may have many questions about benefits and employee responsibilities if an employee quits without giving any notice. In such a situation, one may ask an employment lawyer if one has any questions about quitting without notice.
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