Legal Question in Employment Law in California

Wrongful termination

I resigned with a company giving a two week notice. The reason for my resignation was that I had accepted a position in the same field for a competing company. Which I honestly answered when asked. I was then told that my last day should be the next day. I was given no compensation. When I asked if I was being terminated I was not given an answer.

Since I have company properity I told my company I would at least need a day to send everything back. I was an employee of the company. Their are expenses and commissions that are still owed to me. I was told if they got everything back they would then send to me my expenses and commissions.

My question is aren't they required by law to pay me off immediatly and pay me for the two week notice I submiited. Not to mention the expenses that I incurred doing my job. I should also let you know that I live in California and my company is based in New York.


Asked on 7/29/00, 1:20 pm

1 Answer from Attorneys
Paul Crost Reich, Adell, Crost & Cvitan

Re: Wrongful termination

You are entitled to payment upon termination and certainly no later than 72 hours. The employer should not hold up payment until you return the property. You can file a claim with the Labor Commissioner for waiting time penalty which gives you continuing pay up to 30 days after termination until your final pay is issued. The company has the right to a return of its property and you have a right to be paid all commissions and expense reimbursements due to you. The Labor Commissioner has jurisdiction over these claims as well. If the Company handbook says that employees are to give two weeks notice, you should be paid for the two weeks, but it may not be worth trying to enforce the claim.

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Answered on 9/12/00, 10:13 pm


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