Legal Question in Employment Law in California
Was I fired or did I quit?
After working in a hostile working environment for the past few years, after a rampage by my boss, I decided to give my 2 weeks notice. When I showed up for work the next day the locks were changed and all of my passworded accounts had been changed. I asked my boss why he did this and he claimed that he thought I was not coming back to work and he made the choice to lock me out. At this point I left because of the heated argument this was causing. That was 2 weeks ago, my boss has not paid me for the 3 days that were put in on the current time peirod or for the 129 hours of Vacaction time I had accumulated.
My question is, what are my rights? did I quit or was I let go? How do I go about getting the money owed to me?
2 Answers from Attorneys
Re: Was I fired or did I quit?
If you quit, you are entitled to all monies due you, such as unpaid leave and pay, within 72 hours of quitting. If fired, money due as you walk out. Call labor board and file a claim.
Re: Was I fired or did I quit?
You quit by giving two weeks notice. The employer does not have to allow you to continue working because they often fear the employee may cause harm to the company under the circumstances you describe. They do not have to pay you for those two weeks, unless it is company policy to give two weeks notice.
However, by expediting the termination, the employer was required to give you your final paycheck, including accrued vacation pay on your last day. They are now subject to the equivalent of a day's pay for every day they are late, up to a maximum of 30 days.
You should immediately go to the nearest Labor Commissioner's office and file a wage and penalty claim against them.
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