Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am an automotive mechanic and recently gave my 2 weeks…

Customer Question
I am an automotive...

I am an automotive mechanic and recently gave my 2 weeks notice to my employer and they let me go 2 days later. also a coworker gave his notice and several days later they let him go. now our question is are they supposed to pay us out for the 2 weeks notice.

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

Sacramento, california

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

At will employment, full time

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

I was let go on the 17 and they have yet to let the 401k people know my termination date, unable to cash out the 401k plan

Submitted: 6 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
11/30/2017
Employment Lawyer: Loren, Lawyer replied 6 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,309
Experience: More than 30 years in legal practice.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 6 months ago

Do you have a written employment contract requiring 2 weeks notice?

Do you believe you were treated differently than other employees due to race, religion, ethnicity, etc.?

Ask Your Own Employment Law Question
Customer reply replied 6 months ago
there is a employee handbook from 2016 that states that they request 2 week notice for resignations, in the 2017 digital copy of the handbook that statement was left out and I did not know that. no i was not not treated differently. i will say that the service manager says and does very inapropriate things all the time. i always avoided talking to him about my peraonnal life for that reason.
Employment Lawyer: Loren, Lawyer replied 6 months ago

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

That means that they have no legal obligation to keep you working for the 2 weeks after you give notice and they are only required to pay you for the time you actually worked.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.

Otherwise, without a claim, as described above, the courts view this as "office politics" and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 6 months ago

Did you have further questions? Have I answered your question? Please let me know.

Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 6 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,309
38,309 Satisfied Customers
Experience: More than 30 years in legal practice.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

MildredWashington, 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 CustomerDenver, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,489 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,477 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,892 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I believe to have been discriminated against and removed
I believe to have been discriminated against and removed from a management position with no cause or notification … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I'm looking for assistance with an employment law quesrion.
I'm looking for assistance with an employment law quesrion … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I filed an EEOC discrimination case against my former
I filed an EEOC discrimination case against my former employer for mental health and reasonable acommodation i got a response back from them through the EEOC … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am writing an employee handbook. Positions are considered
I am writing an employee handbook. Positions are considered "At-Will", but we would like 2 weeks notice if an employee decides to quit. How can we do this? Below is the At-Will clause.2.1 Definition o… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What are the grounds for filing a workplace discrimination,
what are the grounds for filing a workplace discrimination, harassment and what could ultimately be a wrongful termination lawsuit … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
962 satisfied customers
I am in California. My company has a handbook. The handbook
I am in California. My company has a handbook. The handbook is clear about employees giving a 2 week lead time on vacation requests. My supervisor says she can require a 3 week lead time regardless of… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
My case is a employment law case. I was terminated on
i was terminated on 8/2/2017 and asking the court for my job back,. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,869 satisfied customers
I filed a discrimination complaint with the EEOC and DFEH
I filed a discrimination complaint with the EEOC and DFEH and received right to sue letters. The EEOC letter expired, the DFEH letter expires soon. I am considering filing a lawsuit without an attorne… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Does kansas have employer handbook as an contractual
does kansas have employer handbook as an contractual agreement law? … read more
Loren
Loren
Lawyer
38,309 satisfied customers
I have filed an age discrimination complaint with EEOC. The
I have filed an age discrimination complaint with EEOC. The EEOC has referred the complaint to mediation. Am I giving up any rights if I participate in mediation? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I just sent in an EEOC complaint regarding something that
Hi, I just sent in an EEOC complaint regarding something that happened over ten years ago. I was told a few years ago that my boyfriend got my boss to fire me because we broke up. The boss is an attor… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Can I file a claim of age discrimination with the EEOC and
Can I file a claim of age discrimination with the EEOC and wait 60 days to exhaust my administrative remedies before filing in federal court or do I have to file with the GCEO? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have an EEOC hearing coming up. I was terminated from
I have an EEOC hearing coming up. I was terminated from USCIS two years ago. The Agency lawyer was one of the designated management officials during my first EEO mediation. I learned later in reviewing the ROI that she served on the "management roundtable" and recommended that I be fired (which happened one year later). Later that spring I requested another mediation and the same agency lawyer was one of the designated management officials. Then when I was actually terminated, she represented the agency during my MSPB appeal. My question is, was it a conflict of interest to serve on the "roundtable" recommending my termination and then serve as a designated management official hearing my EEO complaint a few months later? It must have been pretty funny for her. I wonder if she shared the information that I was a short-timer with the other agency lawyer, serving as a designated management official. … read more
Edward Young
Edward Young
Juris Doctor
455 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,477 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,223 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,223 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x