Legal Question in Employment Law in California

Hello,

I am a bartender at a resturant/nightclub in Californa. I recently gave my two week notice to my employeer (One of the Managers to be exact) on 11/6. I just finished work tonight (11/13), and have one more week of work left...My last day would be next Saturday; 11/20.

After my shift tonight, the manager told me not to show up next weekend because they are taking me off the schedule now that i am quitting. Noi, he did not hand me a final paycheck or anything. ( wich i understand is necessary if they are changing my resignation to a discharge, they are required to hand me a check upon termination)

One of the other employee's gave their two notice on the same exact day as i did...Why is he being allowed to finish his two weeks and i am not?

Is this fair? and/or legal?

Doesnt seem fair to me.

Mike


Asked on 11/14/10, 4:18 am

1 Answer from Attorneys

Not fair, but entirely legal, except not having a check for you when they fired you. They owe you a day's pay for each day you have to wait for your final check. If they don't pay that penalty, file a claim with the Dept. of Industrial Relations, Bureau of Labor Standards Enforcement. The other good news is if you need it you get unemployment, which you wouldn't if you had quit.

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Answered on 11/19/10, 8:37 am


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