Legal Question in Employment Law in California
I quit my job today as a salaried chef at a restaurant in California. I did not give two weeks notice. I worked four days of a fourteen day pay period. My former employer says I breached my contract and is not going to pay me for the four days I worked and that I'm to pay back a 1500. Dollar bonus. It was not a sign on bonus. My contract doesn't say anything about giving two weeks notice. Am I entitled to compensation for four days worked and do I have to pay back my bonus?
1 Answer from Attorneys
Your written contract, if you have one, will need to be analyzed. If you were an employee and not an independent contractor, your employer will likely owe you the wages for the time you worked. If you gave at least 72 hours' notice, your final check is due on your last day. If you did not give at least 72 hours' notice, your final check is due within 72 hours after quitting. As to whether you have to pay back the bonus, you should not have to do so unless there was a written agreement stating that you will pay it back of certain terms are not met.