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Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was recently discharged from my postion at a company I have

Resolved Question:

I was recently discharged from my postion at a company I have been at for 11 years. On December 13, 2012 I was put on administrative leave while I was under investigation for violating company policy. I was discharged from my position on the 2 nd of January of this year. During this time I had two meetings 1 with the HR representative and 1 with loss prevention. On the second i recived my final check, which include only my accrued vaction time and it was dated for December 28, 2012. Questioin is, am I intitled to all my hourly rate as if I worked those hours.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation.

Unless you were a salary-exempt employee and worked at least one day of each workweek, then the employer was not legally obligated to pay you for any time that you did not work in a given week. And if you were hourly, you were not entitled to any wages for time you did not work.

Unfortunately, had you known your rights, you could have applied for unemployment during the time you were not being paid but had not been terminated. But the employer was not obligated to pay you---other than to pay your accrued vacation time at the time of your termination.

I wish you the best in 2013.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided.
Please understand that I have no control over the how the law impacts your particular situation.

Thank you,

Doug
LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you for you help, it is appreciated.

Expert:  LawTalk replied 1 year ago.
Good morning,

Thank you for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Have a great week! Feel free to ask for me by name in the question and I should be able to assist you.

Thanks again.

Have a great day,

Doug

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