employment california
In California, do people still get benefits if they got terminated earlier than the date that they gave?
<p>For example, Sam gives notice to his boss, saying that he is moving out California soon, so Sam decided not to come to work after 2 weeks. After that notice, his boss started finding people fit Sam's position.
After 13 days, one day earlier than 2 week, his boss told Sam that day is his last day at the end of work. ADDED(Sam have not done any thing wrong, from Sam's knowledge: his boss just doesn't want to pay extra day of salary since a new person is found for Sam's position.)</p>
<p>Q. Is Sam still cover by Unemployment Benefits, Severance Pay?</p>

<p>Sam is not entitled to unemployment benefits because it is a voluntary quit.</p>
<p><em>There's an exception where a person can argue that even though it looked like a voluntary quit, it really wasn't. The person might have learned they were about to lay off everyone in the state (and then that happened). Or been told &quot;Please turn in your resignation by the end of the day&quot;, a common executive courtesy allowing you to save face. Since those aren't really voluntary quits, the employment office will accept them as layoffs.</em> *</p>
<p>So the way I see it, that sword cuts both ways. If a layoff is viewed as a <em>fait accompli</em> even if there's a resignation a few days prior.... then a voluntary resignation is a <em>fait accompli</em> even if there's a layoff a day prior.</p>
<p>In fact it is very common for employers to say &quot;Thanks for the 2 weeks notice. Go pack your stuff, today is your last day in the office&quot; (sometimes with a guard watching you pack your stuff and walk out the door).  The remaining 2 weeks are either a gift from the employer, or come out of your accumulated sick or vacation time.   At workaholic IBM this often amounted to <em>months</em> - &quot;I'm quitting as of May 2. My last day in the office will be December 30.&quot;</p>
<p>* However, if Sam's behavior met the unemployment office's definition of &quot;fired for cause&quot;, e.g. stealing, then Sam is not eligible for unemployment.</p>
