Last Paycheck/Vacation

I gave my former boss 2wks notice to resign..However, on my last day she not only gave me my last paycheck minus 2 day stating she wld give to to me on the next payperiod, but did not pay me my vacation time,(I worked there for 1yr 3mos)was not given a yearly review and therefore no raise and she wanted for me to sum up all my hours taken before I left her office. I was never given any health benefits as she had offered. Do I have to wait for the next pay day or by law did she have to pay me on my last day? I really need the money and was counting on it!I was told she was to pay final amt on last check or w/i 24 to 48hrs Is this true? On the paydays she paid every 15 & 30 of the month yet some payperiods had either 10, 11,or sometimes 12 days but yet my paycheck was always the same amt every time (if I was not out that payperiod) Did she short pay me all this time? I feel as though she did because I was on a hourly a salary? Is there anything I can now do because of all of this?

1 answer  |  asked Aug 3, 2003 3:08 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
several issues

1. you were entitled to all pay earned on your last day, unless you quit and walked in which case she was entitled to 48 hours. the penalty is up to 30 days' "wait time" penalty for failure to pay when due.

2. you were entitled to all your vested vacation pay on your last day worked (subject to the same rule above). if she did not keep records of the time you took, your records are going to be presumed to be correct. she will have to prove they are not.

3. unless you were properly classified as exempt (from overtime), it does not matter that you were on "salary"; you were entitled to overtime if you worked it. if you were properly classified as exempt, then your paycheck should be the same each pay period, that is, 1/2 month's pay. if you were docked pay for absences of less than a day for any reason, even if exempt, your employer lost the exemption for that pay period and would have to pay you any overtime you worked, such as working extra hours to make up the ones you missed.

all these issues can be addressed through a claim with the dept. of labor standards enforcement (dlse), listed in the california pages in the front of your phone book. however, if this is how the employer treats all departing employees, or if you have been misclassified as exempt and routinely worked overtime, you may have a very significant claim that is worthwhile to see an attorney about. you can find attorneys in san francisco by going to the california employment lawyers assn website (www.celaweb.org).
good luck
janet m. koehn

posted by Janet M. Koehn  |  Aug 3, 2003 6:15 PM [EST]

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