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I was fired today from work and wasn't aware until i walked…

Customer Question
I was fired today...

I was fired today from work and wasn't aware until i walked in to work. Where they suppose to have my finial heck ready ? Plus pay me two extra hours for going in?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

With my Manager yes.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

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

I had given my two weeks Friday the 16th. My last day was tomorrow. But my supervisor walked in and was asking my question on our menu board. my response wasn't what she was looking for so she assumed that i didn't care about my job anymore and thats the reason for me getting fired.

Submitted: 2 months ago.Category: Employment Law
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Answered in 5 minutes by:
3/28/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,475
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

(The system will automatically generate a phone call request to you. I intend to just use this chat format as I am not accepting phone calls at this time).

What state are you in?

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Customer reply replied 2 months ago
California
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago

Yes, the employer was supposed to pay you your final paycheck at the time of termination. The employer's failure to do so allows you to file a complaint with the Department of Industrial Relations.

https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

The employer will pay a penalty for not complying with the payout time frame, called a "waiting penalty" equal to your daily pay.

The question of show pay is a little more difficult. Show pay is typically reserved for situations where someone is schedule to work, they show for work and employer has no work for them. Terminating the employee is a little different, but you have a reasonable basis to make the argument with the wage claim as well.

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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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