Legal Question in Employment Law in California

I am exempt and have been fired. I remember that in California, if you terminate an exempt person, you must pay the person for the entire pay period. My pay period is monthly. Should I have been paid a month pay , I worked 7 days of the month before being fired.

The employer is a California company, I reside and work in Oregon, which state employment laws govern my employment disputes


Asked on 3/11/14, 9:34 am

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Your understanding of California law is not correct. The employer is only required to pay a fired employee all wages earned up to the last day of employment, including earned vacation pay. Those wages must be paid on the day of termination. An employer is not required to pay for days not worked, even if the employee is an exempt status, unless there is a contract which states terms differently. If that is the case, the contract must be reviewed.

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Answered on 3/11/14, 9:46 am

Mr. Kirschbaum is correct. The unit of work for exempt employees is a day, not a pay period. That, however, is California law. Your place of employment, not the place of the company headquarters is what governs employment law. So California law is irrelevant to you.

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Answered on 3/11/14, 10:19 am
Terry A. Nelson Nelson & Lawless

Sorry, but don't listen to 'friends' for legal advice. You are entitled to be paid for all days worked, and subject to the laws of the state you work in. It doesn't matter where the company may have offices elsewhere.

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Answered on 3/11/14, 10:46 am


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