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I was terminated for performance in sales with a “2 week…

Customer Question
I was terminated for...

I was terminated for performance in sales with a “2 week grace period”. So they offered me a small severance, cut access to the network, and sent out emails to my clients that I was no longer with the company in the same day they told me. My question is: were they in their rights to keep me on scheduled payroll for the next 2 weeks? Or were they to pay me when they sent out the email? My official last day is Monday, 4/23.

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

Yes. With HR. That’s how I heard the term “2 week grace period”. I found out by an accidental email meant for the Sr. VP sent to me by the VP.

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

I believe I am at will because we are in CA. I am not in a union.

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

No. Thank you. Good morning.

Submitted: 4 months ago.Category: Employment Law
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Answered in 2 hours by:
4/21/2018
Employment Lawyer: socrateaser, Lawyer replied 4 months ago
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 40,173
Experience: Retired
Verified

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Hello,
I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, I am a California licensed real estate broker, and I have comprehensive information about all areas of California and federal law.

Cal. Labor Code Section 201(a) requires: "If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately." If you are being paid for the additional two weeks of employment, then your earned and unpaid wages are due at the end of the two week "grace" period. If you are not being paid for the two week "grace" period, then the employer is in violation of the law and you are entitled to a waiting time penalty for the value of one day's work for each day until your final wages are paid. (Labor Code § 203(a))

Commission sales may not be entirely determined at the time of discharge. To the extent that commissions are earned and unpaid, they are due immediately. Otherwise, the commissions are due immediately when determined under the commission agreement with the employee. A written commission agreement is a requirement of California law. Labor Code § 2751.

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Employment Lawyer: socrateaser, Lawyer replied 3 months ago

Hello again,

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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.

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