Employment Law

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I gave my employer my two week notice on Friday 9/15/2017.

Customer Question
I gave my employer...

I gave my employer my two week notice on Friday 9/15/2017. They terminated me on the 18th they don't want to give me my check

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time I worked with them for 11 yrs

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They said I'm only getting half of my check. They keep telling me payroll keeps messing up.

Submitted: 8 months ago.Category: Employment Law
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Answered in 1 minute by:
9/28/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,076
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Are you referring to your check for wages that you had already earned, or are you talking about a check for the period you planned on working but were terminated before you could? I very much look forward to helping you on this matter.

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Customer reply replied 8 months ago
My check for the month
Customer reply replied 8 months ago
Can you call me(###) ###-####
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Thank you, ***** *****'m not sure that answers my question. Are you talking about money you earned by actually working, or money that you PLANNED to earn by working for the duration of your notice?

Also, unfortunately I cannot call you, I am limited to communicating through this written format.

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Customer reply replied 8 months ago
I worked until the 18th, I was supposed to finish the month with them, that same night they txt me saying the 18th was my last day
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Thank you, ***** ***** this is not answering my question.

I need to know if you have not been paid for (1) the time you ACTUALLY WORKED, or (2) the time you EXPECTED to work but did not actually work because you were let go before you could work the time.

Is it #1 or #2?

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Customer reply replied 8 months ago
1. I haven't gotten paid for the time I worked
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Thank you for clarifying and sorry for the confusion.

CA law requires employers to pay terminated employees their final earned wages IMMEDIATELY upon termination. If you resigned, your employer would have 72 hours from the date you resigned unless you gave more than 72 hours (which you actually did here), but since you were let go before your last day that means the wages were due immediately.

CA law imposes a penalty on employers in the amount of the employee's average daily rate of pay for each day that final wages are not paid up to 30 days. You can obtain this penalty in addition to what you are owed by filing a wage claim with the Department of Labor Standards Enforcement here.

I hope that you find this information helpful. 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 moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 8 months ago
I'd like to take them to court, they told me tewice already to get my check and when the day comes they have excuse as to why they don't have it
Customer reply replied 8 months ago
What are your thoughts on that? I have to pay bills now I won't be able to
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

You could sue instead of filing a complaint with the DLSE, but in general it's far more effective to file with the DLSE instead of filing a lawsuitin civil court. Lawsuits are very time consuming--they can take a year or more to resolve. Plus, you'll need to hire an attorney, and they will charge a fee. Going through the DLSE is much easier and you wind up with a judgment against your employer either way. Therefore, the DLSE route is generally preferred.

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Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

If I have answered your questions, please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the attorneys here are not employees of the site and otherwise do not receive credit for spending time with customers. Best wishes to you as you move forward here.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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