California Employment Law
California Employment Law Questions Answered by Legal Experts
I just kind of got laid off. Yeah, I know. A consultant came into my company and changed my schedule after a year. They put me on graveyard. I am unable to work this and told them it would be very difficult to please work with me. They told me they were unable to. I submitted my PTO and vacation. The next day (yesterday)I was locked out of my computer. I called them and they said due to submitting my vacation and scheduling conflict it was best we, "PART WAYS". I asked them if I was terminated. They said no just parting ways. Before this we had to submit a so called private review of the company and mine was honest but not nice. The next thing I know we are Parting Ways. I have the company laptop, cell phone, etc. They told me to go to fed ex and over night it on the company account. They will not pick it up. Until this I will not get my final paycheck.I've never had this happen before. Is this legal the way they're doing this?Thank You,Lori xxxxxXXX-XXX-XXXX
Paid Tim Off. I had to work Christmas and New Years. I'm suppose to get a day off in place of working the holiday. It's called PTO. Paid time off. I also have 45 hours of vacation. I've been trying to get it approved for weeks and it's been denied. They told me it would be on my final check once I send back the laptop, etc. I have no problem sending back anything. It's kind of weird though. 8 people have quit in the last 2 months and they have Fed Ex pick it up. In my case I have to send it back. They never fire anyone. They wait until they quit. My case is different. I was very vocal about how upset I was with the schedule change that they told me they would not work with me.
Thank you for the reply. I don't know if it makes any difference that my employeer is located in Florida, which they are.
Secondly, regarding the final paycheck. do I email them and tell them to pick up the company materials, do I run to to Fed Ex. Or just wait?
How should I handle that part?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).