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Joseph, Lawyer
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

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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: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.

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 4 years ago.
Hello Ron,

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Thanks and best of luck!
Customer: replied 4 years 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 4 years 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.
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