Legal Question in Employment Law in California
I was suspended from my job of 21 years last Saturday and they called me on Monday to say don't return to work until we call you. It's Thursday and other employees have told me my name is no longer on the new posted schedule. Do they owe me my average pay for the week I've missed. I know they will give me a recommendation and let me collect unemployment. Did they have an obligation to let me know I was fired so I could have been looking for another job. I'm a server at a 5 Star hotel. I report all my tips. So my pay should include tips
1 Answer from Attorneys
Unless your employer specifically stated that you were suspended with pay, then you are not entitled to wages after last Saturday.
Your employer should have let you know if you were terminated or not, but it is actually not required by law. If you have been "constructively discharged," meaning let go without actually being told that, you can still collect unemployment.
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