Terminated! California

[jh97]

I was laid-off Friday, my boss said that is wasn't his decision and offered me a letter of reference which I accepted, but they also hired a replacement for me, the owners evidently didn't like me. I have worked there one year. The problem is that they didn't pay me! I was a salaried employee. I know that since they didn't pay me they owe me until they do which should be tommorrow, but my question is this... I was looking online and found an interesting article:

http://www.lawcommerce.com/newsletters/art_OHS_employalert0106.asp

Does this pertain to me? Also, they do not have an employee handbook to go from but they did make me and others sign a non-disclosure statement a few months ago. Do they owe me severence pay since, I was not sure if a non-disclosure agreement might constitue a contract or not...Any help or advice you could provide is appreciated!

 

[CC Rider]

First of all I'm sorry you lost your job - it sucks, been there, done that. The good news is according to the news this morning, unemployment is relatively low and the economy appears to be picking up again with eht Dow up over 220 points yesterday...

A non-disclosure agreement is standard. Usually this is included in the Company policy manual when you're hired. In the absence of a manual, a signed copy upon termination is legit. This just insures that you won't take proprietary information and give it to your next employer or use for your own financial gain.

While operating without a manual is just plain stupid (IMHO) on your ex-employer's part, it is not required and you find this often for companies with under 50 employees, especially those which have grown very quickly from an under 12 employee situation. Clear written policies can prevent confusion, lawsuits and liability problems.

If you were in California, we are an "At Will" state, & you have little recourse, even if they did replace you with someone else. Other state's laws may vary. No one (except certain state employees) have a right to a job. Certain exceptions may exist if you believe you were discriminated against or terminated just prior to your retirement becoming vested.

Severance pay is not a requirement either (sorry for all the bad news), however it sounds like they were at least sympathetic to your situation, giving you a recommendation letter and all. The good news is you should've been paid within 24 hours of your involuntary termination. There are penalties applicable for every day beyond that and they can be substantial and payable directly to you. Unfortunately I don't know how much they are (I believe 100% of your daily salary per day - but I could be wrong on that - depending on your state). Our company never crosses that line so you would want to consult with a labor attorney on that one (find a free-legal advice 800 number or research on-line - using "termination" AND "final pay" AND "penalty" AND "your state" in your search engine or your local Dept. of Labor.

When I was fired from my "good" job in 1994 for trumped up reasons, I took it extremely hard, but as it turned out it was a hidden opportunity to re-examine my career path and I'm now in a more enjoyable job with more responsibility and pay. Had I not been fired, I would still be stuck in my old job - stagnant. Keep your chin up and look for the silver lining...

Good luck with your new career...