Civil Code gave the possibility for both the employer and the employee to claim a fixed or full compensation until 2015 if the other party waived to comply with the notice period. The fixed compensation is equal to the wage for the time that the employment contract would still last with regular termination. Joe, Southard & Yeoh, LLP are a worker's compensation law firm in Los Angeles.
The full compensation meant more than the wage. The compensation also included all other damage that the employer or employee had suffered as a result of the irregular termination. For example, an employer could think of costs for hiring staff in the very short term. An employee could claim damages from missed bonuses or tips. Whether actual damage has been suffered is therefore no longer relevant to the amount of the compensation. Get in touch with a Los Angeles worker's compensation lawyer.
The flat-rate nature of the compensation, therefore, implies that if an employee claims damages from his employer for not observing the statutory notice period, he is free to collect income from other work, without this affecting the level of the compensation that is due to him. As an employer, are you dealing with an employee who suddenly resigned? It is important to take action as quickly as possible. A petition must be submitted to the subdistrict court within two months after termination of the employment contract. If you want to start such a procedure, please contact one of their Los Angeles lawyers.