Hw to I get my final full pay from a job that I quit?
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Hw to I get my final full pay from a job that I quit?
I have been working for a local cafe for 5 weeks with the understanding that I would be on trial until I went on holiday. During holiday, I decided not to go back and notified my employer on a Thursday that I would not be returning the following week. Even though I never signed a contract, they are now refusing to pay me the full 2 weeks salary I had worked. They want to deduct 4 days pay and deduct lunch time pay for the 5 weeks I was there, although I have a pay slip from them before and there was no deduction the 15 minute lunch. Where do I stand in getting my pay?
Asked on October 28, 2017 under Employment Labor Law, Idaho
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You are entitled to be paid for all hours or time you actually worked; there is no such thing as being "on trial" when you work, at least in terms of pay: if you work, you are paid for it, and the employer may not decide, for example, to deduct four days pay from you. The quickest, most-straightforward way to get this money would be to sue the employer in small claims court for it. If you can prove by a "preponderance of the evidence" ("more likely than not") that you worked more hours or days than you were paid, you can get a court judgment requiring the employer to pay you the additional money.
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