How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jane Doe Deer Your Own Question

Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
10033880
Type Your Employment Law Question Here...
Jane Doe Deer is online now
A new question is answered every 9 seconds

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: 4 years ago.
Category: Employment Law
Expert:  Jane Doe Deer replied 4 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 4 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 4 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 4 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 4 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

 

 

Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
Jane Doe Deer and 3 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 
Chat Now With An Employment Lawyer
Jane Doe Deer
Jane Doe Deer
Attorney
963 Satisfied Customers
Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.