California Employment Law
California Employment Law Questions Answered by Legal Experts
Good morning,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.An employee who goes absent from their place of employment for two weeks and write on facebook that they are no longer an employee, if not previously fired for some reason, may be considered to have resigned, and based on that you may pay them only the wages they earned up until the date that they ceased coming to work.They do not have the right to demand to return to work, and under the law you may refuse to allow that. And, because they have resigned---or you have terminated them based on their no-call, no-show---they will not be eligible for unemployment benefits either.Despite the fact that she may have been a salary exempt employee, the federal labor law (FLSA) holds that in the week of resignation/termination, you need not pay the employee for any day following their last day. And you need not pay them any salary in any week that they do no work at all.So, you owe the wages to the last day worked and no additional wages beyond that---based upon your claim that they resigned---and the facebook page is proof of that---presuming that you did not fire them before that.You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction. Please remember to rate my service to you when our communication is completed. I wish you the best in 2013,Doug
Does this apply for New Hampshire DOL law? Plus, do I have to give this employee vacation time that was not taken if she left her employment?
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