Employment Law

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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: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
11/30/2017
Employment Lawyer: Loren, Lawyer replied 4 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,292
Experience: More than 30 years in legal practice.
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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.

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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.

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Employment Lawyer: Loren, Lawyer replied 4 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 4 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 4 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.

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Employment Lawyer: Loren, Lawyer replied 4 months ago

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

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Employment Lawyer: Loren, Lawyer replied 4 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!

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Category: Employment Law
Satisfied Customers: 37,292
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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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