What can I do if I was recently discharged from my job but did not receive notice as per my employment contract?

I signed a contract with my employer and it provided that I be given notice of my discharge several days in advance. I was not provided notice. I also have not received my last check. They say I have a laptop that I do not have. Are there any actions that can be taken on either of these issues?

Asked on December 10, 2015 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can sue your employer to get the last check (which the law requires you get) and to get an extra however-many days of pay (as per the notice provison of your contract)--i.e. getting notice effectively means being paid for the notice period, so if you didn't get notice, you missed out on pay which was contractually owed you. Even if they feel still have a laptop, they have to pay you what you are due; their recourse, if they truly think you took a laptop, would be to sue you for its return.


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