Legal Question in Employment Law in California
Payment of Final Pay
I recently gave 2 weeks notice at my job to go to work for a major competitor. Obviously there are sour grapes with my former employer. I have turned in my company vehicle, cell phone, computer, etc. And was told I could not talk to any of my customers for the next 2 weeks. However, my employer is refusing to pay me for said 2 weeks, and is calling into question my expenses for the past 30 days, saying he doesn't feel they are all company related, and I was not honest in my last 30 days of customer visits and call reports. I have essencially been put under gag order, and I don't know if I will be paid what is owed to me on the 15th of this month (the last day of my 2 weeks notice.) I have comissions from February, 3 weeks vacation, and 2 weeks pay, that I feel is owed to me Please advise my next step. Thanks
2 Answers from Attorneys
Re: Payment of Final Pay
If they didn't fire you upon resignation notice, which they had a right to do, then they owe you pay for time you work. File with the Labor Commissioner if not timely paid in full. Disputed expenses will be your problem to prove entitlement. If there is enough money at stake to justify hiring an attorney, contact me.
Re: Payment of Final Pay
If you are still going to your workplace and no effort has been made to tell you to leave, they must pay your wages. They cannot withdraw money from your paycheck without your consent. Therefore they can't shortchange you on your wages even if your paid expenses are disputed.