Legal Question in Employment Law in California

I am an exempt employee in CA. My employer suspended me without pay for a week. On the 7th day of that suspension, the three owners and I met on a Friday. They wanted the weekend to think about our conversation. The suspension has gotten to its 12th day, 5 days since the meeting and I still have not heard from them regarding my status. A few questions:

1) How long can they suspend me without pay for? Is it legal?

2) When hired in December, I was told I got two weeks of vacation. Do I get paid out on this? If so, how many days?

3) Since they havent contacted me, do Wait Time fees apply on my final paycheck? Our pay period that included my last worked day before suspension ended 3 days ago.


Asked on 7/02/14, 1:11 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You are suspended, likely without pay, for as long as they like. You may at some point quit after some reasonable time period, but that would possibly deny you unemployment.

No pay is due, nor penalties apply for non payment of other than a check for the days worked in the pay period prior to suspension, and then only after the normal pay day for that period.

If at all, you might be entitled to prorate vacation pay upon termination, depending upon the company policy on the issue. Read the policy book.

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Answered on 7/02/14, 11:29 pm


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