Last Paycheck

[scarlettoo]

What is the name of your state? California

Hi, I gave my two week notice and Thursday Oct 21st was my last day. I was a salaried employee and not only did I not receive all of my pay on my last day the check that I did receive was incorrect. They paid me hourly instead of salary.. If they can do that then dont they have to pay me overtime for all hours worked over 8 in a day? Also, they still owe me my very last weeks of pay and I still havent received it. How long do they have to get your pay to you when you have given them plenty of notice? One more thing I had requested copies of my employee file the day I gave notice. I received it on Wed. Oct 20th and it was incomplete. Doesn't an employer have a time limit when in comes to employees requesting copies of their employee file?


A Big Thank You.

 

[Beth3]

Please define what you mean by "they paid me hourly." If you mean they only paid you for the days you actually worked (if you worked less than a full week your last week of work), that is legal.

If you mean you were late an hour to work one morning and they deducted an hour's pay, then that's another matter.

 

[cbg]

Regardless of whether you were exempt or non-exempt, they do NOT have to pay you for the entire week if you do not work the entire week. They only have to pay you for the hours you actually worked.

In your state as long as you gave at least three days notice they have to have your final paycheck on the last day you work. However, as said above, if that is not the entire pay period they do not have to pay you for any time you do not actually work.

My source does not list a time frame under which they have to make your personnel file available to you. BTW, they do not have to send you a copy of the entire file; while they have to allow you to SEE anything in your file except letters of reference or records relating to the investigation of a posssible offense, they only have to give you a copy of anything with your signature on it.

 

[scarlettoo]

One more question

Since they paid me hourly as I did not work the entire week I did work over 8 hours and on 2 saturdays do they have to pay me overtime for the time over 8 hours?


Thanks Again

 

[cbg]

I don't see why. They didn't change your status; they paid you only for the time you worked as is their right. How are they going to break that down except by hour?