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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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If your offer letter states an annual salary and you are

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If your offer letter states an annual salary and you are laid off in October are you owed the remaining annual salary or just pay through the last day of work?
Hello and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question.

Absent an express agreement tot he contrary, the employee would only be entitled to compensation for the actual work they performed. This means that they would not be entitled to the entire year's salary unless their contract specifically provided for that, and few contracts would.

It is important to note that if you have been laid off, you are entitled to final payment of all EARNED wages IMMEDIATELY upon separation fo employment. Failure to immediately pay a departing employee's final wages will typically result in the assessment of a penalty in the amount of the employee's daily rate of pay for each day the wages go unpaid up to 30 days.

So for example, if an employee who makes $100 a day is terminated on on the first of the month but not paid his final wages until the 20th, he would be entitled to a $2,000 penalty from his employer in addition to the earned wages.

Provided an employer complies with the obligations set forth above, and provided that the employment contract does not guarantee the employee their entire year salary regardless of the work performed, there is no violation of law.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
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