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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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Our company was on shutdown during December. Ex-employee who

Resolved Question:

Our company was on shutdown during December. Ex-employee who is being sued by the company in his cross-complaint requested to be paid for December. Is there any base behind his request? - should company pay him anything?
Submitted: 12 months ago.
Category: California Employment Law
Expert:  Joseph replied 12 months ago.
Hello.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service.

No, there is no basis behind his request.

If the company was shut down in December and he was not working, the company doesn't owe him anything for December.

(The one exception to this would be if he had an employment contract that guaranteed him certain payments regardless of whether the company was shut down or not).
Expert:  Joseph replied 12 months ago.
Hello Ron,

Please remember to rate my answer positively so I get credit for my work!

If you don't rate my answer positively, the website recoups your entire deposit and I get nothing for assisting you. Trust me when I tell you that I need the money WAY more than they do, so I'd greatly appreciate your positive rating of my answer.

Thanks and best of luck!
Customer: replied 11 months ago.
Sorry for the delay. It seems that he may send couple emails in December - not by direct company request. Can he use this as justification?
Expert:  Joseph replied 11 months ago.
No, if the company was shut down he still wouldn't be entitled to any wages even if he did send some emails during that time.
Joseph, Lawyer
Satisfied Customers: 4821
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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