I went to work as normal at a job I'd only been at for a week and told my boss that would be my last day; I'd gotten another offer. I told him I'd stay for the remainder of the day, but he chose to not accept my resignation and fired me on the spot; I was escorted from the building. If I'm not mistaken, CA Labor Law requires the employer to pay you for the day if you show up for work, even if he fires you at the start of the day, and he's required to pay you within 24 hours....if I'm not mistaken. Well this was a Tuesday and I wasn't paid until Friday. I think I have a Labor complaint regarding this and can legitimately demand he pay me for Tues, Wed, Thurs AND Friday since he broke labor law. Am I correct in this? Also, I'd rather not have to deal with filing a labor claim; it's a hassle and takes a long time to resolve. If I ask he pay me 1/2 of what he'd have to pay me if my claim is successful, and in exchange I won't file a claim against him, would that be extortion/blackmail?
Not only would I never take such a case, I suspect that you'll have a difficult time finding an attorney anywhere.
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
California has reporting time pay requirements. Each workday an employee is required to report to work, but is not put to work or is furnished with less than half of his or her usual or scheduled day's work, the employee must be paid for half the usual or scheduled day's work, but in no event for less than two hours nor more than four hours, at his or her regular rate of pay.
For example, if an employee is scheduled to report to work for an eight-hour shift and only works for one hour, the employer is nonetheless obligated to pay the employee four hours of pay at his or her regular rate of pay (one for the hour worked, and three as reporting time pay). Only the one-hour actually worked, however, counts as actual hours worked.
It would not be extortion for you to demand what you think you are legally entitled to in exchange for you not bringing a lawsuit. If you were to threaten criminal action, to file a bogus claim or to make public disparaging remarks about the employer if they didn't pay you, that would be extortion/blackmail. And, yes, the employer is supposed to pay you the day you are let go.
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