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Salaried Employee Termination Pay California

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  • Salaried Employee Termination Pay California

    I worked as a collector for a worker's compensation doctor. He paid me salary. I had an open work comp claim and was being treated by the doctor that they sent me to. About 2 weeks into the treatment, after having to leave an hour early to make that appt, I was asked by the asst office mgr to just stop going to my appts. Then, I had a family emergency situation and notified my employer right away. They said it was unacceptable that I had to miss work (which was a total of one day and 3 hours the next day) and they let me go. When they let me go, they paid me up to the last day I worked, not even thru the last day I came in and they fired me. Keep in mind I was a salaried employee, wasn't I supposed to get my salary for that pay period? Oh, and they never paid time and a half for hours worked over 40. Do I have a good lawsuit here, or is this stuff hard to prove?

  • #2
    There are a number of issues here, but let's deal with just the pay since that's what you asked.

    "Salaried" is merely a pay method. Whether you are legally due overtime or not depends on your job duties. As a "collector", if I'm assuming the right duties, you probably were not exempt. But let's check; what exactly were your job duties on a daily basis?

    Secondly, even if you were exempt, the employer does not have to pay for the full workweek in the week in which you terminate.

    And thirdly, what was the "family emergency"? And were you paid for those days using some type of time off bank? There's a reason I'm asking.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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