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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117365
Experience:  20+ Years of Employment Law Experience
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A new employee quit instead of working on the weekend to

Customer Question

A new employee quit instead of working on the weekend to start the busiest week of the year so far. She called a number she knew no one would pick up and left a message. There is some evidence she knew ahead of time she would refuse weekend work after being told it was a condition of her hire, which she agreed to. She ignored a call to come in the previous weekend and would not acknowledge receiving the call. Am I obligated to pay her the last week? She was part time, she worked 5 weeks and gave no notice.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You must pay her for all hours worked, even though she is legally a no call no show, which is good cause for you to fight her unemployment if she files for unemployment. Even though an employee quits and does so under these circumstances, they are still entitled to pay for all hours worked under the Fair Labor Standards Act or they can sue the employer for double the money they are due. You only need to pay for hours actually worked though by law.

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