Legal Question in Employment Law in California

Employee compensation when laid off

When I went to get my paycheck, my employer said it would be my last one. I was fired/laid off after years of service. I know it wasn't because of my performance just simply a cut back. Should I have been given a paid two week notice? And, I had acrued 4 weeks vacation. Shoudn't I be compensated for that?


Asked on 4/02/09, 12:11 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Employee compensation when laid off

You're entitled to be paid any accrued leave or vacation pay under the company policies. If not, you can file a claim with the Labor Commissioner. There are no laws requiring severance unless under the federal plant closing rules. Unless you have some violation of law in your firing, you are at will and can be fired anytime. You might be able to have an attorney negotiate a severance package on 'general principles' of fairness argued to the company. If willing to risk to do so, feel free to contact me.

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Answered on 4/02/09, 4:23 pm


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