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Resignation and paycheck California

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  • Resignation and paycheck California

    Hello,

    I'm an employee in California and I did give my notice of resignation to my company on the 11th of January mentionning that it will be effective on the 25th.

    I never signed any written contract.

    1) I did receive a paycheck fo the period of the 1st to the 15th but the company does not want to pay me for the last 10 days saying that my resignation is effective on the 11th. Can they do that or is it like transforming my resignation in discharge?

    2) If it is a discharge does it mean that they have to take in account the 15 days of notification and so pay for them?

    3) How do I calculate the amount of accrued vacation days for the period?

    Thank you very much for your help.

  • #2
    Did you work between the 11th and the 25th?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      My situation will seem a little bit strange.

      For 3 monthes I've been working at home for the french office of the company but beeing paid by the Californian one. So I was still at home, staying available for meetings and phone calls. Technically I was working, or at least I stayed available fo rthe company until the 25th.

      The fact that the American branch does not want to pay me has only been noticed to me today, 5 days after the expiration of the 15 days delay I gave them.

      I would have understand if this "on-day" discharged would have been given to me on the 12th.

      Comment


      • #4
        Did you WORK? Or were you just available in case they needed you? It makes a difference to the answer.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          In my opinion yes.
          I did have phone calls with my french boss regarding projects and was available all the time instead of going to work for the new company hiring me.

          Comment


          • #6
            Absent a written contract to the contrary, "available" is not legally meaningful. Actual work done is legally meaningful and if you were Exempt Salaried, the docking restrictions are legally meaningful.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              Thank you very much for your accuracy.

              Do you have any clue about the accrued vacation calculation?

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              • #8
                Sure. You have to read the company's actual policy. Then read the following.

                http://www.dir.ca.gov/dlse/FAQ_Vacation.htm
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Many thanks, your help was usefull!

                  Comment

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