Q: Hi, I work in CA, 95035. I recently quit my job on 28th June. My employer is not paying my final payment.
My offer letter which I signed during my start of the employment says this " This arrangement may be terminated by either party upon notice in writing to either party with a notice of two weeks."
When I asked my final payment, my employer wants to keep half of my salary as I didn't serve the 2 weeks notice period as mentioned in my offer letter. Is my employer entitled to keep my salary just because I didn't serve my notice period as mentioned in my offer letter?
A:
A notice provision is enforceable to the extent that the employer can sue you for damages that it incurs as a result of you leaving without giving the required notice. However the employer cannot simply not pay you money that is owed to you. It has to pay you all that you are owed, and then seek to get you to pay it money by suing you or seeking a settlement with you.
A willful failure to pay all of the money owed to you upon your termination means you can be entitled to Waiting Time Penalties equal to one day of pay for each day you are made to wait for your final check, up to a total of thirty additional days of pay.
Good luck to you.
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