Moraga, CA asked in Employment Law for California

Q: I was terminated two months ago and appealed the termination through an appeal process at work. I won and start back at

Work on Monday. Am I to get paid back pay for the time I was off ? Thanks

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3 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Unless there is a union agreement that would require you to be paid, your employer has no legal duty to pay you for time that you were not working.

Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: need more information- was the appeal process through a union grievance process? What does the appeal decision say you are entitled to? Usually when the termination is wrongful and you are reinstated, it wasn't a vacation, and your time off is on the employer's dime, but the decision would say that.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Whether you are entitled to back pay for the time you were off will depend on the specific policies and practices of your employer and any applicable laws or employment contracts. In some cases, if an employee is reinstated after a successful appeal of their termination, they may be entitled to receive back pay for the period they were off work. It is advisable to review your employment contract, company policies, and any relevant laws or regulations to determine your rights and entitlement to back pay. Additionally, consulting with an employment lawyer would provide you with specific legal advice tailored to your situation and help ensure your rights are protected.

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