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Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3896
Experience:  Attorney since 1986; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
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I tendered my written resignation on Nov 9, 2010 for the end

Resolved Question:

I tendered my written resignation on Nov 9, 2010 for the "end of the week of November 26, 2010." The Agency's published Holidays are Thanksgiving and the day after Thanksgiving. They are taking the position that my last day worked was Wednesday Nov 24, 2010 and therefore I am not entitled to pay for the two published Holidays.
Submitted: 6 years ago.
Category: Employment Law
Expert:  Jane Doe Deer replied 6 years ago.

Thank you for contacting Just Answer. I look forward to assisting you. I may have switched you out of "chat." If I did, it's because I have had technical problems chatting here. I hope that you don't mind!

 

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.

 

Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

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

 

Customer: replied 6 years ago.
I am at will. I am the CFO of the Company and was hired on November 16, 2005. The Agency publishes 15 Holidays including Thanksgiving and the day after Thanksgiving.
Expert:  Jane Doe Deer replied 6 years ago.

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!

 

My best,

 

Jane Doe Deer

 

 

 

 

 

 

 

 

 

Customer: replied 6 years ago.
However, they did not notify me that my last day was Wed. Nov 24, 2010. My position is that without notification, I was still employed until Friday Nov 26, 2010 as per my resignation letter.
Expert:  Jane Doe Deer replied 6 years ago.

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.

 

My best,

 

Jane

 

 

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