Employment Lawyers Can Answer Your Employment Law Questions
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I need the following information before I can answer your question:
Can you please tell me: are you "at will" or did you have an employment contract? Union contract?
Did you work for a governmental employer or a private employer?
Please be aware that JustAnswer is a "pay-for-answer" website. You have offered to pay $38 for my assistance.
I'll look forward to hearing from you,
Jane Doe Deer
Here's the problem. Employers can fire "at will" employees for no reason, and with but a moment's notice.
Lots of times, employees present their written two weeks' notice, and the employer replies "pack your desk, this is your last day."
So, in one sense, you're already lucky that the employer didn't do that to you, and you were able to work, and be paid for, another couple of weeks.
There is no legal support for your getting paid for the two days. There would be only if you had a contract, and this was a contractual terms.
Regardless of my thoughts on this, you may want to know that you have the right to file a wage claim (for free) with the state, and are protected from retaliation from doing so: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
Another thought: perhaps your employer would be willing to pay you for Thanksgiving, but not for Friday, as a compromise.
You may also want to be aware that employers do not have to employees for any unused leave time, whether "sick" or "annual".
I'll assume that I have answered your question and will "ACCEPT" my answer unless I hear back from you with follow-up questions.
Bonuses of even a few dollars are much appreciated.
I REALLY appreciate POSITIVE FEEDBACK!
I see. But it's not as if you worked for those two days and didn't get paid.
It's too bad you didn't say Nov 30th would be your last day.
I'm going to return to what I said before. An employer can fire an "at will" employee immediately, with no advance notice. Essentially, the company is letting you go on Wednesday, not Friday.
There are really only two things to do - try to reach a compromise, or fail a wage complaint.
You can, of course, also file in Small Claims Court as soon as you have written verification that you were only paid through and including Wednesday.
I'm just not seeing any legal obligation on the company's part to pay you through Friday, just because you gave that day as your last day. That's because the employer has the ability to tell you Monday, at, say, 11:02 a.m., to clear out your desk, you're done.
Since the employer has the right to do that (terminate you Monday), it follows that they also have the right to make Wednesday your last paid day.
I wish I had better news, but employees really don't have that many rights. This is why people join unions or obtain signed employment contracts.
Please write back if I can be of any more help. I may be going to sleep soon, so forgive me if I don't get back to you until tomorrow morning. I only had two hours sleep last night.
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