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Employment Terminated, No check Issued? California

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  • Employment Terminated, No check Issued? California

    Thanks for taking the time to read my post. I was employed with a company for 90 days. I was brought over there by the branch manager with whom I've worked with in the past. Him and I had been planning to leave the company since the middle of February, and gave our notice a week later. I didn't directly have a conversation with the owner of the company on the day we quit, but the owner had informed my boss, the branch manager while they were hashing out his resignation, that my employment had been terminated. The branch manager stormed out of their 'meeting' and told me that I should quickly finish gathering my things because they got extremely personal with him (come to find out later a fight almost broke out). I wasn't going to put myself in a position like that. I had e-mailed the HR lady that afternoon and explained I was no longer working with the company and that I didn't know if it was deemed a termination or a resignation. The day we left we were suppose to get paid, I never received a check, and still haven't received any sort of respone from HR 9I've sent 2 e-mails now). Are they legally allowed to just not pay me on the scheduled pay day? I am planning on walking in the office on Monday (that will be more than 72 hours at that point), but I wasn't able to find anything about this situation.

    Also, this company is extremely shady and I could see them trying to create a difficult situation for me. If for some reason theere is a dispute with the time reporting I did, do they need to notify me?

    Any response is truly appreciated.

  • #2
    I can't for the life of me follow the course of events here, but if it has been longer than 72 hours since the day you resigned and you have not been paid, you are free to contact the DLSE and file a complaint.

    What "time reporting" are you talking about?
    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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    • #3
      If the owner said you were terminated, then you were terminated and did not quit. You should have been paid immediately and additionally you are owed a waiting time penalty.

      I believe the time reporting he mentioned is possibly in reference to his time card.
      My intention is not to argue over who is wrong/right. I am here for the discussion and to learn and teach. If you dislike what I have to say or think I question you when I shouldn't, then by all means add me to your ignore list.

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      • #4
        Just to clarify, a termination is any separation of employment. If you are discharged, it is an involuntary termination; if you quit, it is a voluntary termination.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          By definition, yes. However, it's my experience that "terminated" is usually used in the context of an involuntary discharge, not quitting.
          My intention is not to argue over who is wrong/right. I am here for the discussion and to learn and teach. If you dislike what I have to say or think I question you when I shouldn't, then by all means add me to your ignore list.

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          • #6
            Not to HR personnel, who completely understand the full meaning of the term.

            The fact that the general public interprets "terminated" as a firing does not mean a prospective employer's HR department will.
            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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