Deskin Law Firm

An employee without a written employment contract for a definite period of time (see below) who gives at least 72 hours prior notice of his or her intention to quit, and quits on the day given in the notice, must be paid all of his or her wages, including accrued vacation, at the time of quitting.

An employee without a written employment contract for a definite period of time (see below) who quits without giving 72 hours prior notice must be paid all of his or her wages, including accrued vacation, within 72 hours of quitting. An employee who quits without giving 72-hours prior notice may request that his or her final wage payment be mailed to a designated address. The date of mailing will be considered the date of payment for purposes of the requirement to provide payment within 72 hours of the time of quitting. (Labor Code Section 202) An employee who did not specifically requesting that their final wages be mailed to them should return to the office of the employer 72 hours after quitting and request his or her final wage payment. (Labor Code Section 208)

Definite Period of Time
If a written contract of employment contains a specific term of employment of at least one month and is not terminable by either party except for cause, then the contract is one for "a definite period of time." (Labor Code Section 2922)

If, on the other hand, either party may, during the term of the contract, terminate the employment simply by giving notice of such intention to the other party, then it is not a written contract for a definite period of time.

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