Legal Question in Employment Law in California
I was an exempt salaried employee (no overtime), I put in a 2 week notice and left on good terms. My previous employer is now claiming he has me on video not working my full 40 hour week, and that I owe them $3000.00?! There are instances that I wasn't physically at the store but I was clocked in due to outside work I was required to do and that is in our training policy. What are my possible punishment? Is there anything I can do to defend myself? What's the next best step?
2 Answers from Attorneys
An exempt employee must be paid in minimum units of one day. If you work any part of a day you are owed a full day's pay. So unless you were paid for days you did not work at all, you earned the full pay you received and your employer has no right to reimbursement. If you worked an entire day off-site, then you may have to document somehow that you actually worked that day.
Generally, if you were an exempt employee, then your employer was required to pay you your agreed-upon salary each week, even if you didn't work a full 40-hour workweek.
You should speak with an employment lawyer ASAP to determine how to move forward. Good luck.
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