Should I pursue any legal action ifI was laid off from my job but worked some weekends from home with no pay?

I worked for this company for almost 3 years and as of recently I was laid off while at work. This was due to budget cuts effective immediately. But my concern is since there was no notice or severance should I pursue action for having to work some weekends from home with no pay as an hourly worker?

Asked on March 22, 2011 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have 2 issues here: 1) being laid off with no notice/severance; and 2) being paid for hours worked.

As to the first, unless you had an employment/union contract or company policy mandated notice/severance, then your employer had no duty to provide you with either. In an at-will work relationship, you can work for an employer or not, your choice.  In turn,  an employer can fire you for any reason or no reason - without notice (or severance).  The only claim you may have is if discrimination played a role if your being let go (which seems not to be the case here).

As to the second issue, getting paid for hours worked.  As long as this time was work related and done at your employer's request (and you have proof of this), such time is compensable.  In other words, you should have been paid for it.  If your former employer refuses to do so, then you can file a claim with your state's Department of Labor and/or consult directly with an employment law attorney.


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