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I have a job where I am paid a salary and it's split into 2 even payments every 2 weeks. I've been paid my same salary amount for the last 15 months.

I plan on quitting next month and giving my notice on 17 July 2017 and my last day will be 31 July 2017 since that's 14 days later. Our pay periods are 1st-15th and 16th-end if month. I figure since I will be giving my notice during the pay period where I would have already worked at least a few hours my employer will legally have to pay me for the entire pay period. Is this correct?

My boss is the type of person who would have asked me to leave earlier if I gave a longer notice which is why I'm only giving a 2 week notice. I just want to make sure I should be expecting my last check since I need it for rent etc.

I live in California.

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    You are quitting on the 31st of July, not on the 17th of July. On the 17th you give notice, that is you inform your employer that you will be quitting on the 31st. You are employed until the 31st. – gnasher729 Jun 27 '17 at 6:09
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I figure since I will be giving my notice during the pay period where I would have already worked at least a few hours my employer will legally have to pay me for the entire pay period. Is this correct?

Not really.

You are legally entitled to be paid for the days you work, plus any accrued vacation days.

If you work through the end of the pay period, you'll receive your normal check. Then separately you'll receive accrued vacation pay.

But if you don't work through the end of the period, you'll likely be paid only for those days you actually worked. The company could, of course, choose to pay you for the entire period, but they aren't required to do so. In most at-will states, the employer could tell you to leave the same day you give your notice and not have to pay you through the end of the pay period.

Disclosure: I'm not a lawyer. That's my understanding of the laws in my state. But check with your local Department of Labor to be sure how the rules apply to you.

If you are really living paycheck-to-paycheck, you should save enough money to cover the unlikely case where you are dismissed immediately before you hand in your notice. You don't want to miss a rent payment if it isn't necessary.

And although I wouldn't recommend it, in most at-will situations, you could work right up through the last day of the pay period, announce your departure on your way out the door and never return. Giving no notice at all isn't considered very professional, and will certainly burn bridges, but legally you would be assured of a full paycheck.

  • I plan on working those last 2 weeks full time for sure. But I am worried my boss will tell me to leave that day I give my notice and not work anymore so he can save on payroll. Could he just tell me to leave that day and not work and I won't get paid for that last pay period? I work at a 24/7 fitness club so I do some amount of work everyday. Also are they required to pay out any sick days? Is that different from vacation days? I've accrued the max 48 hours but haven't taken any sick days. – D.Doe Jun 27 '17 at 1:15
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If you give a two-week notice, and you work for those two weeks, YES, you will definitely be paid for those two weeks, as that's time you spent working! At least in the US, it would be quite illegal for them to not pay you for your final two weeks of work at the company.

It's unlikely that if your last day was, for example, the third of the month, that they'd have to pay you for the entire pay period of 1st-15th, though.

In your case, since your last day is at the end of the month and you will have worked that entire time, yes, you should be paid in full.

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