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    jacobie's Avatar
    jacobie Posts: 1, Reputation: 1
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    #1

    Sep 25, 2008, 04:55 PM
    Salary termination w/pay dock is it legal
    My names Jacob and my question is. I work 80+ hrs a week that I agreed to in the beginning, with the assurance that more people would be hired as the buis grew. But today I slept in and misses work. I wrote a text message to my boss not my employer stating how I felt about the long hours and that I'm broken and would like to look for another job stating that I would give my 2 week notice a month top's. And he called me and we talked for a bit, he asked me if I was coming into work tonight or should he cover it I said I would not be in tonight but tomorrow I'll be their. He said something I could not hear and hung up. Time goes by and I receive a text that says just this don't bother coming in I will take your text as your resignation, and won't be needing you anymore since you quit you can pick up your check on the 20th as normal, minus the pay from the days you have not completed. The thing is I'm on salary the same amount of money every pay check. I did not quit. I stated my 2 week. Can anybody see the light of truth here please help. I'm in California if the laws are different from state to state.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 25, 2008, 05:17 PM
    Quote Originally Posted by jacobie View Post
    my names Jacob and my question is. i work 80+ hrs a week that i agreed to in the beginning, with the assurance that more people would be hired as the buis grew. but today i slept in and misses work. i wrote a text message to my boss not my employer stating how i felt about the long hours and that im broken and would like to look for another job stating that i would give my 2 week notice a month top's. and he called me and we talked for a bit, he asked me if i was coming into work tonight or should he cover it i said i would not be in tonight but tomorrow i'll be their. he said something i could not hear and hung up. time goes by and i receive a text that says just this don't bother coming in i will take your text as your resignation, and wont be needing you anymore since you quit you can pick up your check on the 20th as normal, minus the pay from the days you have not completed. the thing is im on salary the same amount of money every pay check. i did not quit. i stated my 2 week. can anybody see the light of truth here please help. im in california if the laws are different from state to state.

    You can be terminated for just about any reason (it's employment at will) in California. Unless there is some type of union or other protection, including an employment contract or policy, yes, you can be terminated.

    The employer did not have to accept your two weeks notice and has the legal right to terminate you at any time.

    And, no, the law does not require that you be paid for days you do not work. Your employer can prorate your salary and pay you only for the days you worked.

    If you file for unemployment they could fight you, claiming you resigned, and then a Hearing Officer would have to sort out the truth.

    It sounds like it was a bad situation that simply got out of hand at the end.
    direct's Avatar
    direct Posts: 1, Reputation: 2
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    #3

    Oct 2, 2008, 04:24 PM

    Employment Law Guide (for United Kingdom)
    Working hours and time off:
    The laws governing employment set out many
    Obligations for employers in terms of the hours
    Of work, time off, periods of rest, flexible
    Working and holiday entitlement. Here are some of
    The main issues to consider.

    Working time and rest periods
    Unless they have agreed to it in writing (for example in an employment contract) you cannot ask workers to work for more than 48 hours a week on average.
    Employees may work more hours in some weeks,
    Provided that over 17 weeks they remain below the
    48 hour average. Policies regarding overtime and
    Sunday work should be specified in the employee's
    Contract..
    As an employer, you must also allow your employees to have the standard periods of rest specified by law in the Working Time Directive.
    These include:
    • at least a 20 minute break in every six hour
    Work period for workers over 18
    • at least a 30 minute rest break every four and a
    Half hours for workers aged between 16 and 18
    • a daily rest of at least 11 hours (12 for young
    Workers) between work days
    • there are also breaks for workers who use
    Computers, which will be covered in the health
    And safety section
    • 24 hours free of work each week
    As the employer, you can say when employees
    Can take these breaks.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Oct 2, 2008, 04:34 PM
    Quote Originally Posted by direct View Post
    Employment Law Guide (for United Kingdom)
    .


    The person who posted is in California. USA - unless I'm missing something here.

    Thi is interesting but not helpful.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Oct 2, 2008, 04:43 PM

    So you quit or they fired you, that you can fight out when you apply for unemployment. But either way they can stop the pay as of the last date worked.

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