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Do I get a full day's pay on termination day?

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  • Do I get a full day's pay on termination day?

    I am an exempt professional, working in California, and I was fired on Thursday morning. My employer decided not to pay me on Thursday, as his decision was IMO emotional, and he was not expecting to fire me on that day.

    He paid me the next day through a combination of a regular direct deposit check (that covered the prior two ful weeks - it was a regularly scheduled payroll date) and he mailed out a separate final paycheck (also on Friday) to cover the partial week (that ended on Thursday, 11/8).

    I received the separate paycheck in today's afternoon mail.
    However this morning I stopped in the DLSE office and filed a claim since I had no way of knowing if I was going to get my full pay.

    In fact, I still am not sure that I have received my full pay, and it comes down to two separate issues which I must resolve before I adjust my claim tomorrow (to reflect the separate paycheck i received in today's mail) when I revisit the DLSE.

    To begin with, I'm not sure if I have received the full regular pay I was entitled to. I've worked a lot of free overtime during my short stint at this firm as an exempt professional. But the workload was greatly reduced during my last 2+ weeks there, and I was not required to work any material overtime recently. This week I worked full eight-hour days on Monday, Tuesday & Wednesday. When I was terminated on Thursday, I had been in the office for only 30 minutes when I was called in for a 30 minute exit interview. I was instructed to clean out my office immediately, which I did in 15 minutes.

    When I got today's final paycheck, I was paid for 25/80ths of my bi-weekly salary. This means I was paid for only one hour on Thursday, and was not granted a full day's pay. I wonder if I am entitled to a full days pay on Thursday?

    I was also entitled to two-weeks paid vacation, but could only take vacation time off after completing a full year of work. On every bi-weekly pay period I would accrue 3.08 hours of vacation time. I had accrued up to 13.86 hours of vacation as of my last full bi-weekly pay period (paid via direct deposit the day after termination). If I was considered to have worked four full days in the current period (ending on Thursday) maybe I've accrued another 1.23 hours.

    Regarless of whether I accrue the additional 1.23 hours...
    They paid me for zero accrued vacation.

    Am I entitled to accrued vacation pay even if company policy prevented me from using it until after labor-day 2008?

    I filed my original DLSE claim today under the assumption that i was entitled to a full days pay on Thursday and 15.09 hours of accrued vacation pay.

    I know I need to adjust my DLSE claim for the 25 hours of pay I received in the mail late this afternoon.
    Should I be making these other adjustments also tomorrow?
    Last edited by taxguyscott; 11-13-2007, 07:07 PM.

  • #2
    According to the FLSA, in the final workweek, you need only be paid for time actually worked, which also means a partial day is allowable on your final day. I had the same situation about 3 years ago and I called the federal DOL and they confirmed this.
    (6) An employer is not required to pay the full salary in the
    initial or terminal week of employment. Rather, an employer may pay a
    proportionate part of an employee's full salary for the time actually
    worked in the first and last week of employment. In such weeks, the
    payment of an hourly or daily equivalent of the employee's full salary
    for the time actually worked will meet the requirement.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

    To my knowledge, California does not have a law that would provide more benefit than the FLSA for this issue.
    Last edited by Pattymd; 11-13-2007, 10:57 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Guaranteed half day pay on termination day

      Thank you for your reply Pattymd.
      I had my DLSE Claim Conference today and the Deputy Labor Commission disagreed with your assertion.

      I showed up for work on a Thursday last November, and my employer terminated me after I worked only one hour on that Thursday.
      As a full-time worker I was entitled to be paid for half the the usual or scheduled day's pay even though I was furnished less than half a usual day's worth of work.

      The Deputy Commission cited (and gave me) one of those official notices you see up on the wall of an employer's break room.

      (Industrial Welfare Commission Order No. 4-2001)
      PROFESSIONAL, TECHNICAL, CLERICAL, MECHANICAL AND SIMILAR OCCUPATION
      Effective January 1, 2001 as amended

      Section 5 REPORTING TIME PAY
      (A) Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee's usual or scheduled day's work, the employee shall be paid for half the usual or scheduled day's work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee's regular rate of pay, which shall not be less than the minimum wage.



      My former employer tried to pay me for just the one hour.
      The Deputy Commission determined I was entitled for four hours pay on that termination day.

      He also felt I was entitled to pay for accrued unpaid vacation pay and a significant penalty.

      Comment


      • #4
        Good for you, but you got lucky. That is not what the Wage Order says (in it's entirity). I am including a pointer to the actual Wage Order that CA-DLSE in their wisdom mis-quoted. I will quote what CA-DLSE (and your employer apparently) missed:

        http://www.dir.ca.gov/IWC/IWCArticle4.pdf

        1. Applicability of Order
        This order shall apply to all persons employed in professional, technical, clerical, mechanical, and similar occupations whether paid on a time, piece rate, commission, or other basis, except that:
        (A) Provisions of Sections 3 through 12 shall not apply to persons employed in administrative, executive, or professional capacities.
        The following requirements shall apply in determining whether an employee’s duties meet the test to qualify for an exemption from those sections:


        -----

        Vacation is a whole different issue in CA. That is legally vested. It makes sense that you got both that and penalty.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment

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